An annulment is not available for just any reason. Unlike a no-fault divorce, an annulment is a court ruling that a marriage was never legally valid in the first place. To get one, you usually must prove a specific legal defect that existed at the moment you said "I do" — such as fraud, force, bigamy, incest, or a lack of mental capacity to consent. If you simply want out of a valid marriage, divorce (not annulment) is almost always the right tool.
Because marriage and annulment are governed mostly by state law, the exact list of grounds and the deadlines to file vary from state to state. Below are the grounds that appear in most states, written so you can see whether your situation might fit — and what to do about it.
Annulment vs. divorce: the core difference
A divorce ends a marriage that was valid. An annulment declares that a valid marriage never existed. Legally, courts split annulment grounds into two categories:
- Void marriages — illegal from the start and treated as if they never happened (for example, bigamy or incest). In many states these are void even without a court order, though getting a formal declaration is still wise to clear up your legal status.
- Voidable marriages — valid unless and until a court annuls them at the request of the wronged spouse (for example, fraud, force, or intoxication). If you wait too long or keep living as a married couple after the problem is known, you can lose the right to annul.
This distinction matters because voidable grounds come with strict timing and behavior rules, discussed below.
The common legal grounds for annulment
1. Bigamy (a spouse was already married)
If one person was still legally married to someone else when the new marriage took place, the second marriage is generally void. A person can only be married to one living spouse at a time. This is one of the clearest and most widely recognized grounds.
2. Incest (close blood relationship)
Marriages between close relatives — the degrees vary by state — are typically void as a matter of public policy. The specific prohibited relationships are defined by each state's statute.
3. Underage at the time of marriage
If a spouse was under the legal age to marry and lacked the consent (parental or judicial) that the state required, the marriage may be annulled. Many states let the marriage be ratified once the underage spouse reaches adulthood and continues the relationship, which can cut off the right to annul.
4. Lack of mental capacity to consent
Marriage requires that both people understand what they are doing and freely agree. A marriage may be voidable if, at the ceremony, a spouse could not understand the nature of marriage because of mental illness, dementia, or intoxication from alcohol or drugs. (More on the "drunk" scenario below.)
5. Fraud or misrepresentation
Fraud is one of the most common — and most misunderstood — grounds. Not every lie qualifies. In most states, the fraud must go to the essentials of the marriage: a misrepresentation so fundamental that the deceived spouse would never have agreed had they known the truth. Examples courts have accepted in various states include concealing an inability or refusal to have children, hiding a current pregnancy by another person, marrying solely for immigration or financial benefit with no intent to be a real spouse, or concealing impotence. Lies about wealth, age, or temperament usually are not enough.
6. Force or duress
Consent must be voluntary. If a spouse was coerced into the marriage by threats, violence, or serious pressure that overcame their free will, the marriage may be annulled for duress.
7. Inability to consummate (impotence)
In many states, an undisclosed physical inability to have sexual relations — existing at the time of marriage and continuing — is a ground for annulment, particularly when it was concealed.
Answering the questions people actually search
"Can you get an annulment for any reason?"
No. Annulment requires one of the specific legal grounds your state recognizes. "We grew apart," "we argue," or "I changed my mind" are reasons for divorce, not annulment. Nearly every state offers a no-fault divorce that does not require you to prove wrongdoing, so a valid but unhappy marriage is ended through divorce rather than annulment.
"Can you get an annulment for being drunk?"
Possibly — but it is harder than it sounds. Intoxication can be a ground only if you were so impaired that you could not understand that you were getting married or appreciate what you were doing. A few drinks and later regret are not enough. Just as important: courts generally require that you did not ratify the marriage after sobering up. If you continued to live together as spouses once you understood what had happened, you have likely confirmed the marriage and lost the right to annul on this basis. Act promptly if this is your situation.