Many people ask, “How long do you have to get a marriage annulled?” because the deadline is not the same everywhere. The answer depends on your state laws and the reason you are seeking an annulment.
While divorce is the more common way to end a marriage, an annulment can be the right choice when the marriage should never have been valid in the first place. Understanding your timeline is important, because waiting too long could mean losing the right to annul the marriage at all.
In this guide, you will learn how long you have to get a marriage annulled depending on different situations, what counts as valid grounds, and what steps you should take if you believe annulment is the right option for you.
What an Annulment Means and Why Time Matters
An annulment is different from a divorce. A divorce ends a valid marriage, but an annulment says the marriage was never legally valid in the first place. Once an annulment is granted, it is as if the marriage did not exist under the law.
Because annulment is a stronger legal step than divorce, states set strict time limits on when you can file. How long you have to get a marriage annulled depends mainly on:
- The reason for the annulment
- Your state laws
- When you discovered the issue (in cases like fraud)
Some states give you only a few years, and many use a four-year limit for common reasons like fraud or forced marriage. Other situations, such as bigamy or incest, may have no time limit at all because the marriage is automatically void.
How Long Do You Have to Get a Marriage Annulled? Time Limits Based on the Reason
To understand your exact deadline, you first need to look at why you believe your marriage is invalid. Each ground comes with a different timeline. Below are the most common reasons and how long you have to act.
Annulment for Underage Marriage: Your Time Limit
If you were under 18 when you got married, you may be able to get the marriage annulled. But you only have a certain amount of time.
How long do you have to get a marriage annulled if you were underage?
You usually have four years after turning 18 to ask the court for an annulment. This means once you become an adult, the four-year clock starts.
If you are still under 18
A parent or legal guardian can file for annulment on your behalf at any time before you reach adulthood.
Why this time limit exists
The law expects you, once you turn 18, to decide whether you want to stay in the marriage or end it. If you wait too long, the court may refuse an annulment.
Annulment for Fraud or Misrepresentation: The Four-Year Rule
Fraud is one of the most common reasons people seek annulment. Fraud means you were tricked or misled about something important before the marriage.
Examples include:
- You were lied to about wanting children
- You were misled about someone’s identity
- A spouse hid major addictions, criminal history, or pregnancy by someone else
- A spouse manipulated you into marriage by lying about serious facts
How long do you have to get a marriage annulled for fraud?
You usually must file within four years of discovering the fraud — not from the wedding date.
This is important. The deadline starts when you learn the truth, not when you got married.
Why this rule matters
Courts expect you to act quickly once you realize the marriage was built on deception. If you continue the marriage for years after learning the truth, the court may deny an annulment, believing you accepted the marriage despite the fraud.
Annulment for Duress or Forced Marriage: Act Within Four Years
If you were forced into marriage or threatened, the marriage may be annulled based on duress.
This might include:
- Pressure from family
- Physical threats
- Emotional blackmail
- Manipulation that removed your ability to consent
How long do you have to get a marriage annulled for duress?
Most states require you to file within four years of the forced marriage.
Courts want to ensure you are acting promptly once you are safe and able to make your own decisions.
Annulment for Physical Incapacity: The Four-Year Window
Some states allow annulment if one spouse is physically unable to consummate the marriage and the other spouse did not know about the condition before the wedding.
How long do you have to get a marriage annulled on this ground?
You must usually file within four years of the wedding.
After four years, the opportunity to annul the marriage for this reason typically expires.
Annulment for Unsound Mind: When There Is More Flexibility
If someone lacked the mental capacity to understand the marriage—due to mental illness, intoxication, or other conditions—the marriage may be annulled.
Common examples:
- You were extremely intoxicated
- You were dealing with a serious mental health condition
- You did not understand the nature of the marriage ceremony
- You lacked the legal capacity to consent
How long do you have to get a marriage annulled for unsound mind?
You can usually file any time before either spouse dies.
This is one of the few grounds with a flexible deadline. The idea is that a person who could not give valid consent should not lose their right to challenge the marriage later.
However, waiting too long can still make the process more complicated.
Annulment for Bigamy or Incest: No Time Limit
Some marriages are considered automatically void by law. This means the marriage was never legally valid, even without a court order. However, you can still seek an annulment to put a clear legal end to it.
These marriages include
- Bigamy: One spouse was already legally married
- Incest: The spouses are closely related by blood
How long do you have to get a marriage annulled in these cases?
There is no time limit.
Your marriage can be annulled:
- After months
- After years
- Even after decades
You can file for an annulment at any time because the marriage was never valid from the beginning.
State Laws Matter: Time Limits Are Not the Same Everywhere
One of the biggest challenges is that each state has its own annulment rules. States like California, Texas, Florida, and New York all use different timeframes. While the four-year limit is common, it is not universal.
Examples
- California: Four-year window for fraud, duress, or physical incapacity
- Texas: Different deadlines depending on the ground
- Florida and New York: Their own timeframes and requirements
Because of these differences, you should always check the exact rules in your state.
When the Deadline Has Passed: What You Can Still Do
If you miss the time limit for an annulment, you may still be able to seek a divorce. Divorce ends a valid marriage, while annulment erases it, but both allow you to legally move forward.
Reasons people consider divorce instead
- The annulment deadline has expired
- They cannot prove the legal grounds for annulment
- Their state has strict annulment laws
A divorce can still give you closure and allow you to rebuild your life, even if annulment is no longer an option.
How Long Do You Have to Get a Marriage Annulled? Key Points to Remember
To make things simple, here is a quick summary you can rely on:
| Ground for Annulment | How Long You Have to File |
| Underage marriage | Four years after turning 18 |
| Fraud or misrepresentation | Four years after discovering the fraud |
| Duress/forced marriage | Within four years of the marriage |
| Physical incapacity | Within four years of the wedding |
| Unsound mind | Any time before either spouse dies |
| Bigamy or incest | No time limit |
These rules may vary slightly by state, but this table gives you a general idea of how long you have to get a marriage annulled.
How to Protect Your Rights When Seeking an Annulment
If you believe your marriage qualifies for an annulment, consider taking these steps quickly:
- Gather important documents: Marriage certificate, messages, medical records, or anything that supports your reason.
- Write down the timeline: Courts care about exactly when you discovered fraud or force.
- Consult a family law attorney in your state: Annulment rules are complex, and an attorney can explain whether you still have time.
- Do not delay: The longer you wait, the more difficult it may become to get the annulment approved.
Acting early protects your rights and makes the legal process smoother.
Conclusion: Your Timeframe for Annulment Is Limited—But You Still Have Options
If you’ve been wondering how long you have to get a marriage annulled, the truth is that the deadline depends on why the marriage is invalid and where you live. Many situations give you only four years, while others—like bigamy or incest—have no time limits at all. When in doubt, act quickly. Speaking with a family law attorney can help you understand your personal situation and avoid missing your chance.
If your marriage was based on fraud, force, incapacity, or other serious issues, an annulment may give you the clean slate you need to move forward. The key is working within your state’s rules and filing before your deadline passes.