How to Get an Annulment in Pennsylvania

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

Some individuals may seek an annulment for religious or personal reasons, but this article provides an overview of how civil annulments work, including who qualifies, how to file, and what happens after a judge grants one.

What Are the Grounds for an Annulment in Pennsylvania?

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. Pennsylvania recognizes several grounds (reasons) for annulment that fit into one of two categories: void and voidable marriages. To obtain an annulment, one of the following grounds must be proven.

Grounds for Void Marriages

Void marriages are those prohibited by law in Pennsylvania and are not legally recognized. Void marriages include:

• marriages involving bigamy
• marriages between close relatives (incest)
• marriages where either spouse was incapable of consenting (for example, due to insanity or a mental disorder), and
• common law marriages formed before 2005 where either party was under 18 years old.

In some cases, a void marriage can become valid if the couple keeps living together after the problem is resolved.

(23 Pa. Cons. Stat. §§ 1103, 1304(e), 3304 (2026).)

Grounds for Voidable Marriages

Voidable marriages are those that are valid until a judge declares the marriage void under certain circumstances. Voidable marriages include:

• underage marriages without the necessary parental or judicial consent
• marriages entered into when either party was under the influence of liquor or drugs (annulment must be brought within 60 days)
• marriages involving a spouse who is physically unable to have sexual intercourse (impotence), and
• marriages involving a spouse who was induced to marry due to fraud, duress, coercion, or force.

Grounds for voidable marriages can typically be waived if the couple continues to live together (cohabitate) after the issue is discovered or cured.

(23 Pa. Cons. Stat. § 3305 (2026).)

What Happens After a Pennsylvania Annulment?

When a judge grants an annulment, the law treats the marriage as if it never legally existed. Even so, if the couple acquired property while they were together, the court will divide it equitably, just as it would in a divorce. In an annulment case, a judge may also award alimony, temporary support during the case, and attorney's fees.

In Pennsylvania, a parent's duty to support a child doesn't depend on whether the parents were married. So, the same child support and child custody rules that apply in divorce also apply after an annulment.

(23 Pa. Cons. Stat. §§ 3103, 3104, 3323, 3502 (2026).)

How Do I Get an Annulment in Pennsylvania?

A void marriage is invalid from the start without any court order, but Pennsylvania law still requires a court to formally establish that invalidity, either through a direct annulment action, or by having the issue decided in another type of case, such as a probate or criminal proceeding. By contrast, annulling a voidable marriage always requires filing a Complaint for Annulment and proving the grounds at a trial or hearing.

Unlike Pennsylvania's no-fault divorce process, the Unified Judicial System doesn't publish statewide, fill-in-the-blank forms for annulments, though some counties might have forms or templates available, so check with your local court clerk. You can also visit PALawHELP.org for general information about Pennsylvania law and legal resources or talk to a local divorce attorney.

(23 Pa. Cons. Stat. §§ 3303, 3304 (2026).)