How Long Does It Take to Get an Annulment?
Quick Answer
1–12 months for a civil annulment depending on whether it is contested. Religious annulments (Catholic) take 12–18 months on average.
Typical Duration
1 month12 months
Quick Answer
Getting an annulment takes 1–12 months for civil annulments and 12–18 months for Catholic Church annulments. Uncontested civil annulments in some states can be finalized in as little as 30 days, while contested cases or religious processes take significantly longer.
Civil Annulment Timeline
| Type | Timeline | Details |
|---|---|---|
| Uncontested, simple grounds | 1–3 months | Both parties agree; straightforward paperwork |
| Uncontested with property/children | 3–6 months | Requires division of assets and custody arrangements |
| Contested annulment | 6–12 months | One party disputes the annulment; may require a hearing or trial |
| Contested with complex issues | 12–18+ months | Involves significant assets, custody disputes, or disputed grounds |
Religious vs. Civil Annulment
| Factor | Civil Annulment | Catholic Annulment |
|---|---|---|
| Timeline | 1–12 months | 12–18 months (average) |
| Granted by | State court | Diocesan tribunal |
| Legal effect | Declares marriage legally void | Declares marriage sacramentally invalid |
| Grounds | Fraud, bigamy, incapacity, underage, duress | Lack of form, consent, capacity, or intention |
| Cost | $200–$1,500 (court fees + attorney) | $200–$1,000 (tribunal fees, sometimes waived) |
| Requires other party's consent | No (but they can contest) | No (but they are contacted for testimony) |
Civil Annulment Process
| Step | Duration | Details |
|---|---|---|
| Determine eligibility | 1–7 days | Verify that legal grounds for annulment exist in your state |
| File petition with court | 1 day | Submit annulment petition and pay filing fee ($100–$500) |
| Serve the other party | 1–4 weeks | Other spouse must be formally notified |
| Response period | 20–30 days | Other party has a set window to respond or contest |
| Discovery (if contested) | 1–3 months | Exchange of financial documents and evidence |
| Hearing or trial (if contested) | 1 day (scheduled 1–6 months out) | Judge hears testimony and evidence |
| Judge's decision | Same day to 4 weeks | Court issues annulment decree |
| Waiting period (some states) | 0–90 days | Some states impose a waiting period before finalization |
Catholic Annulment Process
| Step | Duration | Details |
|---|---|---|
| Initial consultation with parish priest | 1–2 weeks | Discuss grounds and gather preliminary information |
| Prepare formal petition | 2–6 weeks | Write detailed personal testimony |
| Submit petition to diocesan tribunal | 1 day | Formal case file opened |
| Tribunal assigns case | 2–4 weeks | Judge and defender of the bond appointed |
| Gather testimony | 2–6 months | Witnesses and former spouse provide statements |
| Tribunal review | 3–6 months | Judges review all evidence and testimony |
| First instance decision | Included above | Tribunal issues decree of nullity or denial |
| Mandatory appeal review | 1–3 months | Second tribunal reviews the decision (simplified since 2015) |
| Final decree | 1–2 weeks | Annulment is officially granted |
Since Pope Francis reformed the process in 2015, cases with clearly established grounds can be fast-tracked by the bishop in as little as 45–90 days, though this expedited process is used in a minority of cases.
Contested vs. Uncontested Comparison
| Factor | Uncontested | Contested |
|---|---|---|
| Timeline | 1–3 months | 6–18 months |
| Cost | $200–$800 | $1,500–$5,000+ |
| Court appearances | 0–1 | 2–5 |
| Attorney needed | Optional but recommended | Strongly recommended |
| Emotional difficulty | Lower | Higher |
Grounds for Civil Annulment by State
Annulment grounds vary by state, but the most common include:
| Ground | Description | Acceptance |
|---|---|---|
| Fraud or misrepresentation | One spouse lied about something fundamental (fertility, criminal history, identity) | All states |
| Bigamy | One spouse was already married | All states |
| Underage marriage | One or both parties were below the legal age of consent | All states |
| Incest | Spouses are closely related | All states |
| Mental incapacity | One spouse could not understand the nature of the marriage | Most states |
| Duress or force | One spouse was coerced into the marriage | Most states |
| Impotence (undisclosed) | One spouse was permanently unable to consummate the marriage | Many states |
| Intoxication | One or both parties were under the influence during the ceremony | Some states |
Annulment vs. Divorce
| Factor | Annulment | Divorce |
|---|---|---|
| Legal effect | Marriage declared void (as if it never existed) | Marriage legally ended |
| Grounds required | Specific legal grounds must be proven | No-fault available in all states |
| Timeline | 1–12 months | 2–18 months |
| Availability | Limited to qualifying circumstances | Available to all married couples |
| Property division | Varies by state | Standard equitable distribution or community property |