Vermont Annulment Laws: Grounds, Deadlines and How to File (2026)

Yes. Vermont lets a court annul a civil marriage under 15 V.S.A. §§ 511-520, and a successful case ends in a "decree of nullity." Some marriages are void from the start under § 511, while others are voidable and can be annulled only on the specific grounds and by the specific people listed in §§ 512-516.

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

Jurisdiction scope: This article covers civil annulment in Vermont under 15 V.S.A. §§ 1a, 4, 511-520, 591 and 592, plus Act 8 of 2023 and 18 V.S.A. § 5142 on the marriage age. It does not cover putative-spouse claims, religious annulment, name changes after an annulment, or the law of other states. For ending a valid marriage, see Vermont divorce laws.

Can you get an annulment in Vermont?

Yes. Vermont's statutes treat two kinds of defective marriage differently. A void marriage is void without a court decree, while a voidable marriage stays valid until a court annuls it on one of the grounds the statute lists.

Section 511(a) sets out the void category: "Civil marriages prohibited by law on account of consanguinity or affinity between the parties or on account of either party having a wife or husband living, if solemnized within this State, shall be void without decree of divorce or other legal process."

Section 512 lists the voidable grounds, and §§ 513 to 516 explain each one, including who may bring the case. When a court grants an annulment, it issues a decree of nullity under § 519.

Void marriages in Vermont

Two kinds of marriage solemnized in Vermont are void under § 511(a).

• Close relatives. Under 15 V.S.A. § 1a, "No person shall marry his or her parent, grandparent, child, grandchild, sibling, sibling's child, or parent's sibling."
• A living spouse. Under 15 V.S.A. § 4, "Civil marriages contracted while either party is legally married or joined in civil union to a living person other than the party to that marriage shall be void."

Because a void marriage needs no court process, people sometimes ask why anyone would file. Section 511(b) answers that: "When the validity of a civil marriage is uncertain for causes mentioned in subsection (a) of this section, either party may file a complaint to annul the same. Upon proof of the nullity of the marriage it shall be declared void by a decree of nullity."

Voidable marriages: grounds, filers and bars

The table below summarizes each voidable ground. The "time limit" and "bars" columns list what each section itself says; they are not a complete list of every defense a court might consider.

Under 16

Section 513 is written to protect the younger party. It provides that the marriage "shall not be annulled on the complaint of a party of legal age at the time it was contracted nor when the parties, after they attained the age of consent, freely cohabited as husband and wife."

Mental incapacity

Section 514(e) limits this ground: the mental-incapacity phrases in §§ 511-514 "shall extend only to persons who have a severe psychiatric, cognitive, or other severe mental disability."

Section 514(c) lets the formerly incapacitated spouse bring the case once well, with a cohabitation bar: "The civil marriage of a person who is mentally incapacitated may be declared void upon the complaint of the person after restoration to health, but a decree of nullity shall not be pronounced if the parties freely cohabited as spouses after the spouse who was mentally incapacitated had restored capacity."

Physical incapacity

Section 515 sets a fixed deadline: "A suit to annul a civil marriage on the ground of the physical incapacity of one of the parties shall be maintained only by the injured party against the party whose incapacity is alleged and shall be brought within two years from the solemnization of the marriage."

Force, fraud and coercion

Section 516 provides that "A civil marriage may be annulled during the lifetime of the parties, or one of them, on the ground that the consent of one of the parties was obtained by force or fraud, or the threat of force, or other forms of coercion or deception." The words about threats, coercion and deception came in with a 2017 amendment (No. 140 (Adj. Sess.)), effective May 21, 2018.

If the party whose consent was obtained this way dies before a final decree, § 516 lets a parent or an interested relative enter and continue the case.

Underage marriage after Act 8 of 2023

Act 8 of 2023 (H.148), Vermont's child-marriage ban, was approved on April 20, 2023 and took effect on July 1, 2023. It amended 18 V.S.A. § 5142 so that a town clerk may not issue a marriage license when "either party is under 18 years of age," and it repealed the parental-consent route in 18 V.S.A. § 5143. Under the Act, marriage is no longer a basis for emancipating a minor after July 1, 2023.

The Act did not change the annulment sections. Sections 512 and 513 still describe the voidable ground as a party under 16 and still use the "age of consent" wording. The annulment sections do not say whether a marriage involving a 16- or 17-year-old entered after July 1, 2023, or entered in another state, can be annulled on age grounds; § 5142 now says such persons "are not authorized to marry," but §§ 512-513 still name only a party under 16. If that is your situation, ask a Vermont family lawyer how the court is likely to read the two statutes together.

How to file for an annulment in Vermont

Annulment cases go to the Family Division of the Vermont Superior Court. Under 15 V.S.A. § 591, "Superior Courts shall hear and determine complaints for divorce and for affirming or annulling the civil marriage contract."

Residency. Section 592(a) provides: "A complaint for divorce or annulment of civil marriage may be brought if either party to the marriage has resided within the State for a period of six months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or the defendant has resided in the State one year next preceding the date of final hearing." The one-year final-hearing clause in that sentence is worded for a divorce.

Evidence. The spouses cannot simply agree that a marriage is invalid. Under § 518, "A civil marriage shall not be declared null solely on the declarations or confessions of the parties, but the court shall require other satisfactory evidence of the facts on which the allegation of nullity is founded." The Vermont Judiciary's annulment page says a hearing with evidence on the grounds is likely required even when the spouses agree on everything.

Forms. The Vermont Judiciary annulment page lists the forms, including:

• Complaint for Annulment (form 400-00815)
• Information Sheet (400-00800)
• Statement of Confidential Information (400-00849)
• Department of Health Record of Divorce or Annulment (VDH-VR-DIV)
• Notice of Appearance (400-00831)

The Vermont Judiciary also maintains a self-help hub.

Custody, support and property after an annulment

An annulment does not leave children or property unaddressed. The Vermont Judiciary states: "Even if a marriage is annulled, the court can still decide on issues such as parental rights and responsibilities (custody), parent-child contact (visitation), child support, spousal maintenance, and property division."

For a marriage annulled for force or fraud, 15 V.S.A. § 517 says the court shall decree custody of the children to the innocent parent and may provide for their education and maintenance out of the guilty party's estate and property. For how Vermont courts decide custody and support, see Vermont child custody laws.

Children of an annulled marriage

Annulment does not affect a child's status. Section 520 provides: "Children of a civil marriage annulled pursuant to this subchapter shall be legitimate and shall succeed to the real and personal estate of both parents."

What a decree of nullity does

A decree issued while both spouses are alive settles the question everywhere. Section 519 states: "A decree of nullity of civil marriage, if pronounced during the lifetime of the parties, shall be conclusive evidence of the invalidity of the marriage in all courts and proceedings." A decree issued after a party's death is conclusive only as to the parties to the case and the people claiming under them.

Vermont's name-resumption section, 15 V.S.A. § 558, is worded for granting a divorce. This page does not cover whether or how a former spouse resumes a prior name in an annulment case; ask the court clerk or a Vermont lawyer.

Annulment vs. divorce in Vermont

A divorce ends a valid marriage, while an annulment declares that a marriage was void or is voidable on a ground the statute recognizes. If none of the grounds above fits, divorce under 15 V.S.A. § 551 is the usual route; see Vermont divorce laws for the grounds and residency rules.

A religious annulment granted by a church and a civil annulment granted by a court are separate processes, and one does not stand in for the other.

People who never had a formal ceremony sometimes ask whether they need an annulment at all; see Vermont common-law marriage. For copies of a marriage or annulment record, see Vermont marriage and divorce records.

Disclaimer: This article provides general legal information about Vermont annulment law under 15 V.S.A. §§ 511-520 and related sections. It is not legal advice. The information was last verified on 2026-10-10. For advice about a specific situation, consult a lawyer licensed in Vermont or use the Vermont Judiciary's self-help resources.

Related

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

Last updated: 2026-10-10.

Frequently Asked Questions

What are the grounds for annulment in Vermont?

A Vermont marriage is void if the parties are close relatives listed in 15 V.S.A. § 1a or either already had a living spouse or civil union partner (§§ 4, 511). It is voidable if a party was under 16, mentally or physically incapacitated, or consented because of force, fraud, threats, coercion or deception (§§ 512-516).

How long do you have to get an annulment in Vermont?

It depends on the ground. A physical-incapacity case must be filed within two years of the wedding (15 V.S.A. § 515), and a force or fraud case may be brought during the lifetime of the parties or one of them (§ 516).

Do you have to live in Vermont to file for an annulment?

Yes. Under 15 V.S.A. § 592(a), either spouse must have lived in Vermont for six months or more before an annulment complaint is filed.

Can you get an annulment in Vermont if both spouses agree?

Agreement alone is not enough. Under 15 V.S.A. § 518 the court needs other satisfactory evidence of the grounds, and the Vermont Judiciary says a hearing is likely required even if the spouses agree on all issues.

Can you get alimony or a property division after an annulment in Vermont?

The Vermont Judiciary says the court can still decide spousal maintenance and property division, along with custody, parent-child contact and child support, when it annuls a marriage.

Are children legitimate if a Vermont marriage is annulled?

Yes. 15 V.S.A. § 520 provides that children of a marriage annulled under the subchapter are legitimate and inherit from both parents.

What is the minimum marriage age in Vermont?

Since July 1, 2023, under Act 8 of 2023 and 18 V.S.A. § 5142, a town clerk may not issue a marriage license if either party is under 18. The annulment sections (15 V.S.A. §§ 512-513) still refer to a party under 16.