An annulment of marriage action is similar to a divorce, however, the court’s finding is that there was never a valid marriage to begin with. It is based upon certain grounds which legally render the marriage void. If a person was forced into a marriage with duress or there was fraud involved or the person did not have the capacity, (mental or physical) to enter into the marriage. Similarly, someone who is still married to a prior spouse cannot enter into a valid marriage without terminating that prior marriage.

It is important to properly present the relevant grounds and most courts require a hearing in order to establish the need for the annulment. If there are children involved, this provides additional complications and legal steps that must be taken to protect them.