How to Get an Annulment in Indiana

An annulment in Indiana is a court order that says a marriage is legally invalid. Indiana judges can grant an annulment only on specific "grounds" (legal reasons), such as bigamy, incest, fraud, or mental incapacity. To get an annulment in Indiana, you usually have to file a petition in the county where you or your spouse lives.

Here's an overview of how annulments work in Indiana, including who qualifies, how to file, and what happens after a judge grants an annulment.

What Is a Marriage Annulment in Indiana?

An annulment is different from a divorce. Rather than ending a valid marriage, an annulment means that there was no valid marriage in the first place. Indiana law divides invalid marriages into two categories:

• void marriages, and
• voidable marriages.

Learn more about the differences between annulment and divorce.

What Marriages Are Void in Indiana?

In Indiana, void marriages include:

• bigamy (one spouse was already married to someone else)
• incest (spouses are more closely related than second cousins, with an exception for first cousins who are both 65 or older)
• severe mental incompetence or incapacity of one spouse at the time of the marriage
• common law marriages entered into after January 1, 1958, and
• marriages entered into outside of Indiana by Indiana residents to evade Indiana law.

Void marriages based on bigamy, incest, and common-law are considered void without court proceedings.

(Ind. Code §§ 31-11-8 (2026).)

What Marriages Are Voidable?

In Indiana, voidable marriages include:

• age (one spouse was underage at the time of the marriage and lacked the necessary approval)
• fraud by one of the spouses, and
• mental incompetence of one spouse at the time of the marriage, where the marriage isn't automatically void (for example, mental illness or extreme intoxication).

Voidable marriages are valid until a court order annuls them.

(Ind. Code §§ 31-11-9 (2026).)

Indiana Annulment Filing Deadlines

Indiana law doesn't set a strict deadline for filing for an annulment. If your marriage is void (invalid from the start), you can file for an annulment at any time.

For voidable marriages, there is also no hard filing deadline. However, timing does matter. If you continue living with your spouse after learning the grounds for annulment, such as fraud or mental incompetence, a judge may find that you have "ratified" (accepted or confirmed) the marriage through your actions and deny your petition. If that happens, you would need to file for divorce instead.

Who Can File for an Annulment in Indiana?

If the marriage was void, either spouse can generally ask a court to declare the marriage void.

If a marriage is voidable, who can file depends on the reason the marriage was invalid. If the marriage is voidable because one spouse was incapable (too young or mentally incompetent), the incapable spouse or their legal guardian can file.

If the marriage is voidable due to fraud, the victim of the fraud can file for annulment. But the defrauded spouse might lose the right to an annulment if they continue to live with the other spouse after discovering the fraud.

(Ind. Code §§ 31-11-10-1, 31-11-10-2 (2026).)

What Happens After an Indiana Annulment?

When a judge grants an annulment, the marriage is treated as though it never legally existed. Both spouses can say that they were never legally married to each other.

However, if property was acquired during a voidable marriage, the judge who grants the annulment can divide the property and potentially even grant alimony (spousal maintenance) using the same principles used in Indiana divorce cases.

A parent's obligation to support a child in Indiana exists regardless of whether the marriage is annulled. The same child support and child custody rules that apply in a divorce also apply when a marriage is annulled.

(Ind. Code §§ 31-11-10-4, 31-15 (2026).)

How Do I Get an Annulment in Indiana?

To get an annulment in Indiana, you usually must file a petition in the county where you live. The spouse filing for the annulment is called the "petitioner." The other spouse is called the "respondent."

Indiana doesn't have a standard statewide form for an annulment petition. Contact your local court clerk to see if a sample petition is available. You can also visit the Indiana Judicial Branch Self-Service Legal Center for general information about Indiana courts and legal resources or talk to a local divorce or family law attorney.