Annulment in Pennsylvania

An annulment is a legal declaration that a marriage was never valid from the start. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as though it never legally existed.

At Cooper Family Law, we help individuals across Philadelphia and Southeastern Pennsylvania understand whether annulment is an option — and guide them through the steps when it is.

Pennsylvania law recognizes two categories of annulment:

1. Void Marriages

These are never legally valid, and don’t need a court order to annul:

• Bigamy (one spouse is already married)

• Close blood relation (e.g., siblings, parent-child, uncle-niece)

These marriages are considered void from the outset.

2. Voidable Marriages

These are valid unless one spouse asks the court to annul. Grounds include:

• Lack of consent due to mental incapacity or intoxication at the time of marriage

• Fraud, duress, or coercion

• Underage marriage without parental or court consent

• Incurable impotence, if not disclosed before marriage

These require court action and may be challenged only within a certain time.

To request an annulment, you must:

1. File a petition with the Court of Common Pleas in your county

2. State the legal reason (void or voidable) and provide supporting facts

3. Attend a court hearing, where evidence may be required

4. Await the court’s decision and official decree of annulment

Because annulment laws are narrow, legal representation is strongly recommended to present your case effectively.

There is no strict time limit for void marriages. However, for voidable marriages, time restrictions may apply. For example:

• If the marriage was based on fraud, you must file within a reasonable time after discovering it.

• If the marriage involved an underage party, it can only be annulled before they turn 18 (unless approved by court at the time).

The longer you wait, the more likely the court will require a divorce instead of an annulment.

Once granted, an annulment means the marriage never legally existed. However, the court may still address:

• Child custody and support

• Division of jointly acquired property

• Spousal support, in some rare cases

Children from an annulled marriage are still considered legitimate under Pennsylvania law.