Most people who want to end a marriage file for divorce (also called dissolution of marriage).  So, what is “annulment” and who can end a marriage that way?   

Indiana law permits individuals who want to end a marriage to seek a divorce for any reason which caused the marriage to be “irretrievably broken”.  That broad phrase covers all kinds of reasons, none of which need to be specifically proven to the court.  When granting a divorce, a court acknowledges that the marriage occurred and declares it legally over.   

Annulment, which is also available under Indiana law, approaches the end of a marriage differently.  In fact, an annulment is the legal process of declaring that the marriage never occurred.  This process is only available when one or both of the individuals who entered the marriage lacked the capacity to marry.  Perhaps one of the spouses was too young to legally marry or was mentally incompetent to enter the marriage.  Under these circumstances, that person (or a guardian acting on behalf of that person) can ask that the court declare that the marriage never occurred.  In addition, if one of the spouses can prove that the other spouse entered the marriage fraudulently, that person can seek to have the marriage annulled as long as he or she stopped living with the fraudulent spouse as soon as the fraud was discovered.  Because annulment can only happen in these limited cases, it is not common in Indiana.  

Legal annulment through the court does not necessarily annul a marriage in the eyes of any church or religious group.  The process of seeking a religious annulment is separate and distinct.  Also keep in mind that seeking a religious annulment does not legally end the marriage.  If your goal is a religious annulment, consult the requirements specific to your faith traditions.  For questions about a legal annulment, consult with a Wanzer Edwards attorney and learn your options.