What is it?
An annulment is a court order to undo a marriage that was not valid, not allowed, illegal or voidable for other reasons. If a court grants an annulment, the marriage is canceled and treated like it never happened.
If my marriage is annulled, can I say that I was never married?
You should consult an attorney before answering this question as a part of anything official. For everyday informal conversations, if the annulled marriage was your only marriage, you can tell others that you were never married. If the annulled marriage was not your only marriage, you can still tell others that you were not married to that specific person.
How do I get an annulment?
To get an annulment in Iowa, you need to file a petition with the Iowa district court in the county where you or your spouse lives. The petition must ask the court to annul your marriage and state the reasons for the annulment. After the petition is filed, your spouse must be served a copy of the petition. Your spouse will then have an opportunity to file an answer with the court, and if your spouse does not agree to an annulment, the judge assigned to your case will hold a trial and decide whether to grant an annulment. The judge will declare the marriage annulled or affirmed based on the proof and evidence presented. Successfully obtaining an annulment can be difficult, so it is recommended that you contact an attorney if you believe your marriage needs to be annulled.
When can I file for an annulment?
Annulment is only allowed in Iowa for certain reasons. These reasons are as follows.
1. When the marriage is prohibited by law. Examples include:
• marriages between close blood relatives
• marriages between minors that are 16 or 17, unless they have parental/guardian consent and a judge’s approval
• marriages between all minors under age 16
• there may be other laws to make an Iowa marriage illegal
2. When either party was impotent at the time of marriage. Impotence means the inability to have sexual relations or the inability to procreate. The inability can be a physical or mental condition, but must exist at the time of marriage, not something that develops later in the marriage.
3. When either party is still married to another spouse at the time of the marriage. This is sometimes referred to as bigamy. This type of illegal marriage will become legal if the parties continue to cohabit after knowing of the death or divorce of the former spouse.
4. When either party was under a guardianship and the person under the guardianship was found to lack the capacity to enter a valid marriage. A guardianship does not automatically prevent the person under the guardianship, the protected party, from marrying. If the guardianship papers say that the protected party does not have the capacity to marry, then a protected party’s marriage can be annulled.
Is annulment or divorce the right option for me?
When considering whether to file a petition for an annulment or a divorce, the first question to ask is whether any of the above circumstances apply to your situation. If not, a judge probably cannot grant an annulment, so you may need to consider filing for a divorce if you would like to officially end your marriage. You should also consider whether there is any benefit to filing for an annulment. In other words, you should consider whether obtaining a divorce would provide the same end result—you are no longer married—or if there is some reason why you would need the marriage to be declared void from the start. If there is no reason you would need the marriage declared void from the start, you should consult with an attorney to discuss whether an annulment makes sense. Even if you file for an annulment, your spouse can file for divorce.
It is also important to keep in mind that an annulment, similar to a divorce, can include a court order dividing any property of the parties and providing spousal support. An annulment decree can include compensation to the party that entered into the marriage in good faith believing that the other party was capable of entering the marriage. Additionally, any children born during an annulled marriage will still be considered legitimate children of both parties unless evidence is submitted showing otherwise and a court enters a decree stating otherwise. A court can order child support to be paid in an annulment.
Obtaining an annulment can be a difficult process, so it is recommended that you consult an attorney if you would like to get your marriage annulled.