What is Annulment?

An annulment is a legal procedure declaring that a valid marriage never existed. You must meet very specific requirements to get an annulment. Annulment actions are very rare compared to divorce actions.

The Difference between Annulment and Divorce:
You can only have a marriage annulled if the marriage was never valid. There are very specific grounds for Annulment in Arkansas.

A divorce is the termination of a valid marriage. In Arkansas there is no such thing as a “No Fault” divorce. In Arkansas there must be grounds for a divorce.

Grounds for Annulment
When a party to the marriage (husband or wife) is incapable of consenting to the marriage because:
• One or both of the parties were too young to legally get married;
• One or both of the parties were mentally unable to understand and consent to the marriage;
• One or both the parties were incapable of entering into the marriage state due to physical causes;
• Consent to marry was obtained through fraud; or
• Consent to marry was obtained through force

If any of the above grounds apply to your situation then you may petition the circuit court where you reside for an annulment of your marriage.

What if I do not have grounds for an Annulment?

If you don't qualify under the statue for an annulment then you may decide to petition for a divorce. If both parties agree to the terms of the divorce then it is called an uncontested divorce.

The two free legal services providers in Arkansas accept cases involving divorce when court intervention is needed to protect the health and safety of families, spouses or children. If you or your children have been the victim of recent physical abuse and you a low-income resident of Arkansas then you can apply for free legal services by calling our Help Line at 1-800-952-9243 Monday through Friday.

Published by: Arkansas Legal Services