Annulment and Prohibited Marriage laws

Annulment differs from divorce in that it addresses defects in a marital relationship occurring at the time of the formation of that relationship. Thus, if a marriage is illegally formed, when it is annulled the parties regain their legal rights and responsibilities as they existed before the marriage occurred. By contrast, a divorce deals with problems in a marital relationship arising after the marriage is formed. Traditionally, after a divorce the parties have continuing legal status as exspouses involving division of property, custody of children, and alimony.

Annulments are becoming similar to divorces in that with annulments courts may now divide marital property, order the payment of spousal support or alimony, or decree nearly anything that would be common upon a decree of divorce. Unlike with divorce, however, certain rights or entitlements such as worker's compensation benefits or alimony from a previous marriage that may have ended upon marriage will be restarted upon annulment, because the decree legally makes the marriage nonexistent.

Grounds for annulments and prohibited marriages are varied. Insanity, fraud, force, duress, impotency, being underage, and polygamy are all leading grounds for annulment. There are also a few more creative grounds. Colorado, for instance, has an annulment provision considering if the act were done as "Jest or Dare." A couple of states will also make a marriage void or voidable if a party is found to have AIDS or venereal disease.