Understanding Marriage Annulment in Connecticut

Under Connecticut General Statutes Title 46B, § 46b-40 (b), an annulment is a legal process or court order that declares a marriage to be void or voidable from its beginning. Unlike divorces, which dissolve a legal marriage while still preserving the legitimacy of the marriage record, an annulment declares that the marriage was defective from its inception and never legally existed.

The legal purpose of an annulment is to provide legal options in cases where the marriage should never have been legally recognized. Persons more likely to request annulments are those wronged by the circumstances of an illegal marriage, as an underage spouse, a defrauded party, or a person who lacked physical or mental capacity to consent at the time of the marriage.

Several outcomes are possible after a court grants the petitioner an annulment. First is the issuing of a formal decree that officially declares the marriage null. Other outcomes include the restoration of the spouses’ single status and decisions concerning assets, parental responsibilities, and spousal support.

Grounds for Annulment in Connecticut

Under Connecticut law, a marriage may be annulled in court if it is void or voidable. Void marriage means the marriage was illegal from the outset, whereas a voidable marriage is valid until the court is given grounds to annul it.

Some statutory grounds for annulments in Connecticut, as given by the law, include the following:

• Under Conn. Gen. Stat. § 46b-21, marriages between people related by consanguinity or affinity are automatically void. These include marriages between a person and their parent, grandparent, child, grandchild, sibling, parent's sibling, sibling's child, stepparent, or stepchild.
• Bigamous marriages where one partner was already legally married to another person are void and can be annulled.
• Under Conn. Gen. Stat. § 46b-29, it may be grounds for annulment if a guardian or conservator did not give written consent for their ward to be married.
• A marriage in Connecticut may be voidable if an unauthorized person performed it. Conn. Gen. Stat. § 46b-22 provides a list of who may legally solemnize marriages. If done by anyone outside the list, the marriage can be challenged.
• A marriage may be annulled if one spouse’s consent was induced by misrepresentation, concealment, or fraud, and this goes to the essence of the marriage.
• If a spouse only agreed to the marriage under duress, undue influence, or force, it undermines consent and may provide grounds for an annulment.
• Suppose a spouse concealed a permanent physical condition, such as impotence, that was unknown at the time of the marriage and prevented its consummation or the performance of marital duties. In this case, such non-disclosure may render the marriage voidable.
• Under Conn. Gen. Stat. § 46b-48, when a spouse is convicted of an offense against chastity, an annulment may be sought within four months of the conviction,

Eligibility Requirements for an Annulment in Connecticut

Who may petition the court for the annulment of a marriage will typically depend on the type of marriage and the grounds for the annulment. For grounds where one party was injured or deceived, only the injured party may file. This includes marriages where a spouse was coerced, defrauded, or lacked mental capacity. The spouse of a person who hid a permanent physical disability also has the right to file for an annulment. In the case of an underage marriage, the minor spouse, their parents, or legal guardians may file for annulment.

Annulment cases also have statutes of limitations. For voidable marriages with grounds such as fraud, coercion, and lack of capacity, the annulment petition must be filed within 2 years of the marriage being solemnized. Petitions for annulment of underage marriages must be brought either by the underage spouse before they turn 18 years old, or by their parents or legal guardians before the minor turns 18 years old. For void marriages, such as bigamous or prohibited marriages, there is no filing deadline or statute of limitations, as these types of marriages are considered illegal from the start.

Annulments must be filed in the Connecticut Superior Court for the county or judicial district where either spouse lives. To be eligible to file in the state, one spouse must have been a resident in Connecticut for at least 12 months before filing the petition, the grounds for annulment were discovered after one spouse moved to the state, or one spouse was a resident in Connecticut at the time of the marriage and moved back before filing.

Although citizens of Connecticut may obtain civil and religious annulments, only civil annulments obtained in the state’s superior courts are legally binding. A religious organization handles a religious annulment and has no legal standing in Connecticut or its courts.

How to Get a Marriage Annulled in Connecticut

There are specific procedures to follow when requesting an annulment in the State of Connecticut. Petitioners must verify their eligibility, then complete and submit the required forms, and pay any applicable fees. The following are the typical steps involved when filing for an annulment in Connecticut:

• Step 1: Verify the petitioner's eligibility and the grounds on which they will file for annulment, such as incest, bigamy, fraud, incapacity, and coercion. The petitioner must also ensure that residency and jurisdiction requirements are met.
• Step 2: Collect and complete the required petition forms, including Dissolution of Marriage / Civil Union, Legal Separation, or Annulment (JD-FM-159), the Family Actions Summons (JD-FM-3), and the Notice of Automatic Court Orders (JD-FM-158). Additional documents are required when minor children are involved, including the Affidavit Concerning Children (JD-FM-164) and the Case Management Agreement (JD-FM-163). The petitioner must complete the forms, file them with the Clerk of the Superior Court at the appropriate jurisdiction, and pay the required filing fee.
• Step 3: The petitioner must serve the other spouse with copies of all the documentation filed at the court. Private services or the State Marshals can perform this service. The package to be delivered will include copies of the Summons (JD-FM-3) form, the Complaint (JD-FM-159), and the Notice of Automatic Court Orders (JD-FM-158). The State Marshal also fills out a return of service form as proof that the package was delivered. The other spouse, also known as the respondent, will file the Appearance (JD-CL-12) form. If they do not contest the annulment, it becomes quicker and less complex.
• Step 4: When all necessary papers are filed, the court may schedule a case management date, initial status appearances, and negotiations on any disputed matters, such as asset division, parental responsibilities, and spousal support. During this process, the parties may need to gather proof of grounds for annulment, such as medical records, birth certificates, witness statements, and evidence of bigamy or coercion. For financial negotiations, they require the Financial Affidavit (JD-FM-6) and Affidavit Concerning Children (JD-FM-164).
• Step 5: Parties will be required to attend the scheduled court hearings and provide all the evidence and documentation for the annulment. If the grounds are proved, the judge will grant the annulment and issue the Decree of Annulment.

The exact process and timeline for an annulment may differ due to several factors, including whether it is contested or uncontested, the precise grounds for the annulment, and any county-specific procedures required. Generally, uncontested annulments may take up to a few months, especially if the grounds are clear and uncomplicated. Contested annulments are generally longer and may take between 6 months and over a year. The timeline may vary significantly due to the process of obtaining evidence of invalidity and resolving disputes between spouses over assets, children, or support.

Required Forms and Documentation for a Connecticut Annulment

Listed below are some common forms required in annulment cases in Connecticut, plus some of the supporting documentation. These forms are available either as paper copies from the Connecticut Superior Courts or online from the Connecticut Judicial Branch, Official Court Webforms page.

• Annulment Complaint (JD-FM-240): This is the core petition used by the petitioner to state facts about marriage and the grounds for annulment.
• Summons, Family Actions (JD-FM-3): This form informs the other spouse that an annulment case has been filed and requires a response.
• Notice of Automatic Court Orders (JD-FM-158): This form is attached to the original complaint and triggers automatic court orders and restrictions when the annulment petition is filed.
• Appearance (JD-CL-12): The responding spouse uses this to acknowledge receipt of the complaint and formally establish they are participating in the case.
• Certification of Waiver of Service (JD-FM-249): This form is required when the respondent agrees to receive the service package without formal service by a state marshal.
• Affidavit Concerning Children (JD-FM-164): This form provides relevant information about any minor children involved in the case.
• Financial Affidavit (JD-FM-6 Long or Short): This form may be required for one or both spouses during negotiations or disputes over assets, child support, or alimony.
• Parenting Education Program (JD-FM-149): This form consists of a court order, certificate, and results and is generally required when the court orders parents to attend an education program.

Other documentation that may be required outside the court forms in an annulment case includes evidence and supporting documentation, typically to prove the grounds for the annulment. These include the following:

• A marriage certificate or prior marriage records to prove the existence of a previous undissolved marriage.
• Medical or psychological evaluations to prove a lack of capacity.
• Criminal records to prove an annulment based on a conviction for crimes against chastity.
• Written statements and other witness information are used to determine coercion, mental stress, duress, or physical incapacity.
• Birth certificates to show underage marriage or prohibited marriages, including an incestuous marriage.

Where to File for an Annulment in Connecticut

In Connecticut, annulments are filed at the Family Division of the local Superior Court for the county where one of the parties resides. This is made clear in Conn. Gen. Stat. § 46b-42. One of the spouses must have residency or domicile in Connecticut for the annulment to be handled by the superior court, as set down in the Residency Requirements. It should be noted that the different judicial districts or counties may have slightly different forces, filing/scheduling practices, and case management procedures. It is advisable to retain a lawyer or call the clerk’s office to inquire about any county-specific practice before filing any documentation.

Annulment Timelines and Waiting Periods in Connecticut

Connecticut does not impose a waiting period for annulments by law, unlike divorces, which have statutory waiting periods of around 90 days. Typically, annulments may proceed more quickly because the court is concerned with whether the marriage was legal at the outset. Some factors that influence the duration of an annulment case include the following:

• An annulment will typically be quicker if it is uncontested. During an uncontested annulment, both spouses acknowledge that the marriage was invalid, allowing for a faster process. Contested cases, on the other hand, require proof that the marriage was invalid, including documentation, testimony, and document review, depending on the grounds for annulment.
• Grounds, such as fraud, bigamy, and lack of capacity, require extensive evidence gathering. The petitioner must provide medical records, marriage records, criminal records, and other relevant documentation to support their case. If they struggle or are unable to obtain these records or other supporting information, the case may be delayed.
• Petitioners must take great care when filing the initial petition. Missing forms, incomplete affidavits, and jurisdictional errors may cause the court clerk to request corrections, which will hinder the case’s progress.
• The family division may experience congestion and case backlogs, which may cause scheduling delays for hearings and other procedures, potentially affecting the timeline even for straightforward cases.
• Additional time may be added to a case if parenting responsibility and financial issues are disputed, as the court issues temporary orders and hearings to settle these issues.

Annulments are typically quicker than divorces when the grounds are uncontested and straightforward to prove. It is not uncommon for contested annulments to take as long as or longer than standard divorces because of the evidentiary burdens.

Costs and Court Fees for an Annulment in Connecticut

The cost of an annulment in Connecticut generally depends on several factors, including whether the annulment was contested and whether the services of an attorney were retained. The general costs of an annulment in Connecticut include the following:

• The court filing fee for civil causes, including annulment cases, is about $360.
• The service of process fees if the local State marshal serves the papers can range between $50 and $100, depending on the distance, number of attempts, and any additional factors.
• Obtaining certified copies of the final decree at the end of the case costs up to $25 per copy.
• If minor children are involved, the court may order mandatory parenting classes, which cost up to $125 per spouse.

Attorney fees remain the most variable cost of an annulment and heavily depend on the details of the case, the amount of discovery to be done, the number of disputes, and the attorney’s experience. Typically, attorneys charge hourly rates, and more specialized attorneys, such as those specializing in family law, may charge higher rates. For an uncontested case, the petitioner may be charged a lump fee to prepare the documentation.

Attorneys may charge an initial retainer of $2,500 to $5,000 per spouse, depending on the case, and then an hourly rate of between $250 and $800 per hour. Mediated annulments, where the spouses agree, are typically quick and may cost between $1,500 and $6,000; conversely, longer contested cases that involve major litigation can cost over $10,000. However, the overall cost of an attorney’s service is hard to estimate and may vary widely between cases.

If a petitioner is found to be indigent and unable to pay court costs, they may apply for a fee waiver by filing form JD-FM-075, Application for Waiver of Fees/Payment of Costs/Appointment of Counsel. The information provided on the form enables the court to decide to waive case costs, including filing fees, service costs, and even attorney fees. A way to reduce expenses during annulments is to handle them Pro Se or without a lawyer. The Connecticut Judiciary Self-Help webpage provides access to some resources that could be helpful.

After the Annulment: What Happens Next?

After the annulment decree is issued, the marriage is deemed void and treated as if it never occurred. Some legal and practical effects of an annulment in Connecticut after it has been granted include the following:

• Both spouses are restored to their original single status and may remarry immediately, provided there are no other outstanding legal issues.
• The annulment does not erase the marriage record; the annulment decree simply becomes part of the court records.
• Since no legal marriage existed, assets and financial issues are treated differently. The court will try to settle disputes based on equitable principles rather than marital property rules.
• Connecticut generally treats alimony and spousal support as a divorce concept; as a result, it is rare for alimony to be granted in annulment cases. However, it may be authorized in special circumstances, for example, when one spouse was wholly dependent on the marriage for their finances.
• Annulment does not affect the legal status of children born during the marriage. The children have the same rights and parental responsibilities, such as support, decision-making, and visitation will be addressed by the court, similar to divorce.

Although annulment is generally handled on the state level, it has some effects in federal matters. For example, if a marriage is annulled, immigration and spousal benefits such as health insurance that were based solely on marital status may be reviewed or revoked.