Tennessee courts can annul a marriage only for certain legal reasons (called "grounds"). Learn whether you qualify, how to file in court, and how an annulment differs from a divorce.
Annulment is a civil court process that declares a marriage legally invalid. You can only get an annulment in limited situations (called "grounds"), such as bigamy, incest, and fraud. A very short marriage isn't a legal reason for an annulment.
An annulment isn't the same thing as a divorce. A divorce ends a valid marriage by court order. When a judge grants an annulment, it's as if the marriage never happened in the eyes of the law. Here's an overview of how annulments work in Tennessee, including who qualifies, the legal effect, and how to file.
What Are the Grounds for an Annulment in Tennessee?
Tennessee courts can annul marriages that are "void" (invalid from the start) or "voidable" (valid until annulled by a judge).
Examples of void marriages include marriages that go against public policy, such as marriages involving bigamy (one spouse is already married to someone else at the time of marriage) and incest (the spouses are closely related).
Grounds for annulling voidable marriages in Tennessee include:
- underage marriage
- lack of consent (marriages entered into under duress, force, fraud, coercion, threats, or false pretenses)
- lack of mental capacity, and
- incurable impotence.
In Tennessee, some voidable marriages can be "ratified," meaning you can lose your right to an annulment if you continue living with your spouse as a married couple after learning about the grounds for the annulment.
(Tenn. Code Title 36, Chapters 3 and 4 (2026); Brown v. Brown, 29 S.W.3d 491 (2000).)
What Happens After a Tennessee Annulment?
When a judge grants an annulment, the law treats the marriage as though it never existed. After the order, you may say you were never legally married and you are free to marry someone else.
Even though an annulment says the marriage was never valid, the court can still divide property and debts between the spouses in a fair way, much like property division in a divorce, using Tennessee's equitable distribution rules. (Tenn. Code § 36-4-121 (2026).) But ongoing alimony (spousal support) is generally not available the way it might be in a divorce.
If you have children during a marriage that is later annulled, the annulment doesn't change their legal status. A judge will still have to make custody orders that are in the best interests of the child and apply the same child support rules that apply in divorce cases.
How Do I Get an Annulment in Tennessee?
To get an annulment in Tennessee, you have to file a “Complaint for Annulment” in the circuit court clerk's office in the county where either spouse lives. The complaint should outline the grounds for annulment with supporting evidence to show that the marriage is void or voidable under state law.
The Tennessee Administrative Office of the Courts doesn't offer a single, statewide annulment complaint form like it does for divorce cases. However, some counties create their own sample packets that can be adapted for annulments. You can contact your local court clerk to ask whether the court offers any forms or local instructions. Otherwise, you'll have to draft your own complaint or work with a lawyer.
Tennessee law presumes that a marriage is valid, so the burden of proof is on the person seeking an annulment. If the judge denies your complaint for an annulment, you can still get a divorce.
If you have questions, talk to a local divorce attorney or visit your court's self-help center.
