Tennessee Annulment Laws: Void and Voidable Marriages (2026)

A Tennessee court can annul a marriage. The main statute is Tenn. Code Ann. § 36-4-119, which lets a court grant relief "by pronouncing the marriage void from the beginning." What makes a marriage void or voidable comes from the marriage-restriction sections of Title 36, Chapter 3, and from Tennessee case law, summarized in Coulter v. Hendricks, 918 S.W.2d 424 (Tenn. Ct. App. 1995).

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment in Tennessee under the Tennessee Code Annotated sections it cites (mainly §§ 36-4-119, 36-3-101, 36-3-102, 36-3-105, 36-3-108, 36-3-306 and 36-2-304) and the Tennessee Court of Appeals decision in Coulter v. Hendricks (1995). Quotations show what those sections provide; the General Assembly can amend them, so check the current code before relying on exact wording. It does not cover religious annulment, property division or alimony after an annulment, name changes, inheritance, court forms or other states' law. For ending a valid marriage, see Tennessee divorce laws.

Can you get an annulment in Tennessee?

Yes. Section 36-4-119, in Chapter 4 of Title 36, sets out three forms of relief a court may grant once it is satisfied the complainant is entitled to relief:

"If, upon hearing the cause, the court is satisfied that the complainant is entitled to relief, it may be granted either by pronouncing the marriage void from the beginning, or by dissolving it forever and freeing each party from the obligations thereof, or by a separation for a limited time."

The first of those, a decree that the marriage was void from the beginning, is what people mean by an annulment. Section 36-3-105(b), on underage marriages, uses the word "annulled" directly.

Tennessee's grounds are assembled from several places rather than one list. Some marriages are void because a statute forbids them. Others are voidable under case law, meaning they stand until a court sets them aside and can be ratified.

Void marriages in Tennessee

These grounds come from statutes that forbid the marriage or declare it void. Section 36-3-306 adds a general rule: "No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state."

Close relatives (§ 36-3-101)

Section 36-3-101, as amended by Public Chapter 806 of 2024 (effective April 29, 2024), provides that "Marriage cannot be contracted with a lineal ancestor or descendant, nor the lineal ancestor or descendant of either parent, nor the lineal descendant of a grandparent, nor the lineal descendants of husband or wife, as the case may be, nor the husband or wife of a parent or lineal descendant."

The 2024 change replaced "the child of a grandparent" with "the lineal descendant of a grandparent," which the General Assembly described as prohibiting marriage between first cousins. This page does not cover how the change applies to a marriage entered before April 29, 2024.

The section itself says only that such a marriage "cannot be contracted." Tennessee case law, as quoted in Coulter v. Hendricks, treats a marriage as void when "the parties are within prohibited degrees of kinship."

An earlier marriage that was never ended (§ 36-3-102)

A person who is still married cannot marry again. Section 36-3-102 provides: "A second marriage cannot be contracted before the dissolution of the first. But the first shall be regarded as dissolved, for this purpose, if either party has been absent five (5) years, and is not known to the other to be living."

Forced marriage (§ 36-3-108)

Section 36-3-108(a) provides that a marriage, "at any age, that is entered into without valid, freely-given consent from both parties is contrary to the public policy of this state and shall be void and unenforceable in this state." Under § 36-3-108(d), "Upon a finding of forced marriage, the court shall order the marriage in question void."

Section 36-3-108(e) sets a ten-year period, tied to the solemnization of the marriage, for bringing a civil action under that section.

Voidable marriages: grounds from Tennessee case law

A voidable marriage is valid until a court sets it aside. In Coulter v. Hendricks, the Court of Appeals quoted an earlier Tennessee decision, Bryant v. Townsend (1949), on the difference:

"We have no statute that prohibits or annuls the marriage of an insane person. ... It can be seen from the foregoing that when the grounds for annulment are not prohibited by statute or by strong public policy and are such that the parties may subsequently ratify the marriage, it is voidable, rather than void."

Coulter also quoted, from Woods v. Woods (Tenn. Ct. App. 1982), a treatise list of voidable grounds:

"A marriage is voidable from the beginning (1) when either party was insane; or (2) the complainant was under duress; or (3) was under the age of consent; or (4) when the consent was obtained by force, or fraud, and was given by mistake; or (5) when the defendant was impotent; or (6) when the woman was pregnant by another man without the knowledge of the complainant; or (7) when, for any other reason, the marriage was not binding on the complainant."

That list comes from a treatise (Gibson's Suits in Chancery) that Tennessee courts have adopted; it is not a statute. Impotence also appears separately as a divorce ground in § 36-4-101(a)(1).

Ratification and death

Because a voidable marriage can be ratified, conduct after the problem ends can matter. Under Coulter, the marriage of a person who was insane is voidable and can be ratified during a lucid interval. In that case the parties conceded that the right to set aside such a marriage abates when either party dies.

This page does not cover the time limits for each voidable ground or every way a voidable marriage can be ratified. Ask a Tennessee family lawyer how those rules apply to a specific marriage.

Underage marriages (§ 36-3-105)

Section 36-3-105(a), as summarized by the University of Tennessee's County Technical Assistance Service (CTAS), bars a marriage license if either party is under 17, or if one party is 17 and the other is at least four years older.

A marriage made in violation of that rule is not automatically void. Section 36-3-105(b) provides: "Any marriage contracted in violation of subsection (a) may be annulled upon proper proceedings therefor by such person or any interested person acting in the person's behalf." CTAS describes such a marriage as "valid until set aside by a court." CTAS adds that the court has discretion whether to set the marriage aside and that cohabitation after reaching marriageable age may validate it, citing Keith v. Pack (1945).

Section 36-3-105(b) does not state a filing deadline. This page does not cover whether another rule limits the time to file.

A 2024 law, Public Chapter 608 (HB 2303 / SB 2581, signed March 27, 2024), rewrote § 36-3-104(a), on what a marriage license application contains. It did not change the age rule. Before relying on the age limits for a new license, confirm them with the county clerk.

Grounds at a glance

How to file for an annulment in Tennessee

Section 36-4-119 sits in Chapter 4 of Title 36, alongside the divorce sections. The cited sections do not name a separate annulment court or set out a separate annulment procedure.

Residency is a gap to check before filing. Tennessee's residency section, § 36-4-104(a), is written for divorce: it allows a divorce where the acts occurred while the plaintiff was a Tennessee resident, or where "the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint." This page does not cover whether that rule applies to annulment. Ask the court clerk or a Tennessee lawyer.

This page does not link a Tennessee court form for annulment. The court clerk in the county where you plan to file can tell you what the court requires.

Children, property and support after an annulment

Children. Tennessee's paternity statute keeps a presumption of fatherhood in place when a marriage is annulled. Under § 36-2-304(a)(1), a man is rebuttably presumed to be the father if he and the mother "are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce."

Section 36-2-304(a)(2) extends the presumption to a couple who, before the child's birth, "attempted to marry each other in compliance with the law, although the attempted marriage is or could be declared illegal, void and voidable." For custody, see Tennessee child custody laws.

Property and alimony. Tennessee's property-division section (§ 36-4-121) and alimony section (§ 36-5-121) refer to actions for divorce and legal separation (the alimony section also names separate maintenance). This page does not cover whether or how a court divides property or awards support when it annuls a marriage, or whether Tennessee protects a spouse who married in good faith (sometimes called a putative spouse).

Annulment vs. divorce in Tennessee

An annulment declares that the marriage was "void from the beginning," while a divorce dissolves a valid marriage "forever," freeing each party from its obligations; § 36-4-119 lists both as forms of relief. A divorce requires one of the divorce grounds in § 36-4-101; see Tennessee divorce laws.

A church annulment and a court annulment are separate processes.

Disclaimer: This article provides general legal information about annulment under the Tennessee Code Annotated and Tennessee case law, verified on 2026-10-09. It is not legal advice. For advice about a specific marriage, consult a lawyer licensed in Tennessee or contact the clerk of the court where you would file.

Related

• Annulment laws in every state
• Tennessee divorce laws
• Tennessee common-law marriage
• Tennessee marriage and divorce records
• Tennessee child custody laws

Last updated: 2026-10-09.

Frequently Asked Questions

What are the grounds for annulment in Tennessee?

Statutes make some marriages void: close relatives, including first cousins since April 29, 2024 (§ 36-3-101), an existing marriage (§ 36-3-102) and forced marriage (§ 36-3-108). Case law adds voidable grounds such as insanity, duress, fraud and impotence (as quoted in Coulter v. Hendricks, 1995), and § 36-3-105(b) allows annulment of a marriage licensed in violation of the age rule.

Is there a time limit to get an annulment in Tennessee?

The sections cited on this page do not set a general annulment deadline. Section 36-3-108(e) sets a ten-year period for a civil action over a forced marriage, and a voidable marriage can be ratified (Coulter v. Hendricks), so ask a Tennessee lawyer about timing for a specific ground.

Is a forced marriage valid in Tennessee?

No. Under § 36-3-108(a), a marriage entered without valid, freely-given consent from both parties, at any age, is void and unenforceable, and on a finding of forced marriage the court shall order the marriage void (§ 36-3-108(d)).

What happens if someone married under 17 in Tennessee?

The marriage is not automatically void. Section 36-3-105(b) provides that a marriage contracted in violation of the age rule may be annulled by the underage person or an interested person acting on that person's behalf.

Is a child's father still presumed after an annulment in Tennessee?

Yes. Under § 36-2-304(a)(1), a man is presumed to be the father of a child born during the marriage or within 300 days after it ends by annulment, and § 36-2-304(a)(2) covers attempted marriages that are or could be declared void or voidable.

What is the difference between a void and a voidable marriage in Tennessee?

A void marriage is one a statute forbids, such as a marriage between close relatives. A voidable marriage stands until a court sets it aside and can be ratified, as Coulter v. Hendricks (1995) explained for a marriage involving an insane party.