To get an annulment in Connecticut, you file a Complaint for Annulment in the Superior Court for the judicial district where you or your spouse lives, have your spouse served by a state marshal, and then appear at a hearing where you prove that a specific defect existed at the time of the ceremony that made the marriage void or voidable under state law.1Connecticut General Assembly. Chapter 815j – Dissolution of Marriage, Legal Separation and Annulment The process runs through the same court, uses many of the same forms, and takes similar time as a divorce. It is not a shortcut.
Does Your Situation Qualify
Connecticut grants annulments only when something was wrong with the marriage at the moment it was formed. A problem that developed afterward is grounds for divorce, not annulment. The filing spouse carries the entire burden of proving the defect.
Prohibited Family Relationships
Marriage is prohibited between a person and their parent, grandparent, child, grandchild, sibling, aunt or uncle, niece or nephew, stepparent, or stepchild. Any marriage between people in these relationships is automatically void.2Justia Law. Connecticut Code 46b-21 – Prohibited Marriages
Bigamy
If one spouse was already legally married to someone else when the ceremony took place, the second marriage is void. This includes cases where a prior divorce was never finalized or turned out to be invalid. It does not matter whether either party knew.3Connecticut General Assembly. Office of Legislative Research Report – Grounds for a Legal Annulment
Fraud
Fraud is the most commonly litigated ground and the hardest to prove. The misrepresentation has to go to something essential about the marriage itself. Concealing a serious health condition, lying about the ability or willingness to have children, or hiding a criminal history that fundamentally changes what the other person agreed to can qualify. Lying about your income or job title almost certainly will not. You must show you would not have gone through with the marriage had you known the truth, by clear and convincing evidence, a higher bar than the “more likely than not” standard in most civil cases.
Duress or Coercion
If a spouse was forced into the marriage through threats, violence, or overwhelming pressure that destroyed their ability to choose freely, the marriage is voidable. The pressure has to be severe enough that a reasonable person would have felt they had no real choice.
Mental Incapacity
A marriage is voidable if a spouse lacked the mental capacity to understand what marriage means at the ceremony. This can come from mental illness, intellectual disability, or severe intoxication. Temporary intoxication counts only if it was extreme enough that the person could not meaningfully consent.
Physical Incapacity
If one spouse was physically unable to consummate the marriage at the time of the ceremony, and the condition is incurable, the other spouse may seek an annulment, provided they did not know about the condition before the wedding.
Underage Marriage
Connecticut requires both parties to be at least 18. A marriage involving someone below the legal age without proper consent may be voidable.
Void Versus Voidable
The grounds above split into two categories, and the split affects what you need from the court. Bigamy and incest produce void marriages: the law treats them as though they never existed, and no court order is technically required to make them invalid. People still seek a formal decree because the absence of any official record creates real problems with property titles, tax filings, and remarriage. The other grounds produce voidable marriages, which remain legally binding until a court says otherwise. Only the wronged spouse can ask for that ruling.
Forms and Filing
Before filing, gather both spouses’ full legal names and current addresses, the date and place of the marriage, and a detailed factual account of the ground you are claiming. Three forms make up the filing package:
- Complaint for Annulment (JD-FM-240) is the main document. It identifies both spouses, states when and where the marriage took place, and explains why you believe it is invalid. It also lets you request property division, alimony, and orders about children.4Connecticut Judicial Branch. Annulment Complaint – JD-FM-240
- Summons Family Actions (JD-FM-3) tells your spouse the case has started and when they must respond.5Connecticut Judicial Branch. Summons Family Actions – JD-FM-3
- Notice of Automatic Court Orders (JD-FM-158) must be attached to the complaint. It imposes immediate restrictions on both spouses once the case is served.6Connecticut Judicial Branch. Notice of Automatic Court Orders – JD-FM-158
Include a blank Appearance form (JD-CL-12) with your papers so your spouse has one to file. File everything with the Superior Court clerk in the judicial district where you or your spouse lives. The filing fee is $360.7Justia Law. Connecticut Code 52-259 – Court Fees If you cannot afford the fee, apply for a waiver on form JD-CV-120, which asks you to disclose income, expenses, assets, and debts.8Connecticut Judicial Branch. Application for Waiver of Fees/Payment of Costs – JD-CV-120
Serving Your Spouse
After filing, you must arrange for a state marshal to deliver the papers to your spouse. Connecticut requires marshal service in most civil cases. Marshals are appointed by county, so pick one in the county where your spouse will be served; the Judicial Branch maintains a directory.9State of Connecticut. Service of Papers Marshal fees are set by statute and add to your costs.
The Summons contains a “return date,” which starts the clock on your spouse’s deadline to respond. Your spouse must file an Appearance with the court clerk no later than two days after the return date.10Connecticut Judicial Branch Law Libraries. Choosing a Return Day Without proper service, the court has no jurisdiction to proceed.
What the Automatic Orders Restrict
The automatic orders take effect the moment your spouse is served, and they bind both of you equally. Read them carefully before filing. Neither spouse may:
- Sell, transfer, hide, or dispose of any property outside the normal course of business or ordinary household expenses
- Move any jointly held asset into one person’s name alone
- Run up unreasonable debt, including borrowing against a home equity line or making excessive credit card charges
- Remove the other spouse from medical, dental, or hospital insurance
If children are involved, neither parent may permanently remove them from Connecticut without the other parent’s written consent or a court order. Both parents must let the children keep contact with the other parent consistent with the family’s existing habits, and both must complete a parenting education program within 60 days of the return date.6Connecticut Judicial Branch. Notice of Automatic Court Orders – JD-FM-158
The Hearing and What You Must Prove
Once served, your spouse can file an Appearance, submit an answer to your complaint, or file a cross-complaint. The court then schedules a hearing where both parties generally need to appear.
At the hearing, you carry the entire burden. You must convince the judge that specific conditions at the time of the ceremony made the marriage void or voidable. For fraud, Connecticut applies the clear and convincing evidence standard: you need to show a false representation was made, that it was knowingly untrue, that it induced you to marry, and that you relied on it to your detriment. Courts have applied this heightened standard broadly in annulment proceedings, including cases not specifically grounded in fraud.
Evidence that carries weight varies by ground. Documentary proof, such as prior marriage certificates, medical records, or communications showing the misrepresentation, tends to be far more persuasive than testimony alone. For mental incapacity or intoxication claims, witnesses present at the ceremony become critical.
If the judge finds you have met the standard, the court issues a decree of annulment declaring the marriage void from its inception.
What the Court Can Order Beyond Ending the Marriage
An annulment erases the marriage but not the practical consequences of two people having lived as spouses. Connecticut courts have the same authority in annulment cases they have in divorce to address property, support, and children.
Property Division
The court may assign all or part of one spouse’s property to the other. Judges weigh the length of the marriage, the reasons for the annulment, each party’s age, health, income, earning capacity, education, debts, and needs, and each person’s contribution to acquiring or preserving the property.11Justia Law. Connecticut Code 46b-81 – Assignment of Property and Transfer of Title
Alimony
Either spouse can be ordered to pay alimony. The statute specifically lists “causes for the annulment” as a factor the judge weighs, alongside length of the marriage, financial situation, and the feasibility of the custodial parent finding employment.12Justia Law. Connecticut Code 46b-82 – Alimony
Children
Children born during a void or voidable marriage are legally considered children of that marriage. An annulment does not make them illegitimate, and the court keeps full authority over custody, visitation, and child support just as in a divorce.13Justia Law. Connecticut Code 46b-60 – Orders Regarding Children and Alimony in Annulment Cases Children born before the marriage who later became children of the household are also covered.
Tax, Immigration, and Social Security Consequences
Because an annulment declares the marriage never existed, the IRS treats you as unmarried for every year it supposedly lasted. If you filed joint returns during those years, each used the wrong filing status. You must file amended returns on Form 1040-X for every affected year still open under the statute of limitations, generally three years from filing or two years from paying the tax, whichever is later.14Internal Revenue Service. Filing Taxes After Divorce or Separation Refiling as single or head of household can produce a refund or additional tax owed depending on income and deductions. Run this through a tax professional before the annulment is finalized so you know the exposure.
Immigration is the other trap. If a non-citizen spouse obtained conditional permanent residency through the marriage, the joint Form I-751 to remove conditions is no longer possible after annulment. USCIS allows the non-citizen spouse to file individually and request a waiver of the joint filing requirement if the marriage was entered in good faith but ended by annulment.15U.S. Citizenship and Immigration Services. Petition to Remove Conditions on Residence Proof of shared finances, cohabitation, and family involvement during the marriage becomes essential.
Social Security also treats the marriage as though it never occurred. Benefits you were receiving as a spouse or survivor that ended because of the annulled marriage may be reinstated as of the month the decree issued, if you file a timely application. For void marriages, benefits may be reinstated back to the month they originally ended.16Social Security Administration. Social Security Handbook – Section 1853 Any spousal Social Security benefits you were counting on from the annulled marriage disappear because the marriage the entitlement rested on no longer legally exists.
A Religious Annulment Is Not This
A church annulment and a court annulment are separate proceedings with different consequences. A religious annulment says the marriage failed to meet the requirements of a particular faith. It has no effect on your legal status. You remain legally married after a religious annulment unless you also obtain a civil annulment or divorce.