Family Law

How, Where and When Can I Get an Annulment?

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While annulment is one option for ending a marriage, there are limits on its use. It's not enough to have grounds or a valid legal reason for annulment. You also need to meet the legal requirements for where and when to file for annulment.

Know the basics for filing the paperwork for your annulment. It can save you time, trouble, and make working with your lawyer more productive.

Location Matters: Where to File

In most cases, you start an annulment by filing the required paperwork in the county in which you live. However, make sure you contact a lawyer or a clerk of the court to verify this. Some states have minimum residency requirements to meet. These might require that you've lived in the state or county in which you're filing for a certain time, often weeks or months.

In addition to filing in the county where you live, you may also be able to file in the county where you were married. This is certainly the case in Nevada where many couples go to have weddings performed quickly. If filing in your county of residence is a problem, check with your lawyer to see if filing in the county where you were married is an option.

Timing Considerations: When to File

Timing matters when you file for an annulment. State laws vary, and there may be a limit on the number of days or months after the date of the marriage during which you can seek an annulment.

There can be timeline conflicts you need to watch for. The main conflict is if you have a limited window to file for annulment, but you can't meet residency requirements due to a recent move.

Ending a marriage is never easy, but you can take steps, such as working closely with your lawyer, to make the process as manageable and tolerable as possible.

Questions for Your Attorney

  • What are the time limits for annulment in our state?
  • Do the grounds for the annulment make any difference on the time limit allowed?
  • Can I file for annulment in the county where I was married and where I've lived during my marriage even if I'm planning to move? Will that affect the annulment proceedings?
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