Understanding Marriage Annulment in Indiana

Under Indiana law, marriage annulment is the legal process that declares a marriage void or voidable, making it non-existent. Unlike divorce (which is the termination of a legally-recognized union), annulment ends marriages that were invalid from inception or became annulable due to breach of Indiana's matrimonial laws.

Indiana annuls marriages that have fundamental legal defects, rendering them null from the beginning. This process nullifies any preexisting marriage record from a legal standpoint and restores the involved parties to single status as though they were never married.

Marriage annulment in Indiana provides legal clarity and protection, ensuring that invalid marriages do not create marital rights or obligations. Furthermore, annulment enforces public policy that certain relationships cannot be recognized as marriages. Nonetheless, offspring of annulled marriages are legitimate under Indiana's law. In Indiana, after an annulment, the former spouses are free to enter into new marriages if they meet the legal requirements.

Grounds for Annulment in Indiana

Indiana annuls void or voidable marriages. A void marriage is legally invalid from the onset, and the law treats it as if it never existed. On the other hand, voidable marriages are valid until the courts issue annulment decrees on them due to defects.

Void Marriages

Under Title 31, Article 11-8.03 of the Indiana Code, a marriage is void without legal proceedings if:

• It is between first cousins or close relatives
• One of the parties has an existing marriage
• A person contracts a marriage while mentally incompetent
• The marriage is a common law marriage entered into after January 1, 1958
• It is a foreign marriage between Indiana residents for the purpose of evading the law.

Voidable Marriages

Unlike void marriages, these types of marriages are legal at inception, but become illegal for any of the following reasons:

• Fraud or misrepresentation by one of the spouses at the time of the marriage. For instance:
  • Concealing an intent not to live as spouses
  • Hiding a serious criminal history
  • Concealing infertility or pregnancy by someone else
  • Misrepresentation about identity or major life matters
• Mental incompetence due to intoxication or inability to understand the nature of marriage
• One spouse is underage and lacks parental consent to contract a marriage
• The marriage is contracted under duress or coercion.

Eligibility Requirements for an Annulment in Indiana

There are eligibility criteria for filing for marriage annulment in Indiana. Under Indiana law, a spouse in a void or voidable marriage can petition the court for annulment. For spouses who are incapacitated, their guardians can petition for annulment if they have authorization from the courts.

Indiana statutes do not explicitly state the residency period a person must meet to be eligible to petition for marriage annulment. However, using the residency requirements for divorce, Title 31, Article 15-2-6 of the Indiana Code requires one party to the marriage to be a resident of Indiana for six months and a resident of the county (where the annulment will take place) for three months before filing a dissolution petition.

In Indiana, annulment of marriages is through the Circuit or Superior Courts. A guardian acting on behalf of an incapacitated person can petition the Circuit or Superior Court in the county where they live. Indiana does not have a statute of limitations for marriage annulment; eligible individuals can petition the Circuit or Superior Courts if they have legal grounds. However, in fraud-based marriage annulment cases, a potential defense may exist if the parties continue to cohabit after discovering the deceit.

Only annulments granted through the courts can legally change the marital status of the parties involved. Religious annulments are separate and do not change civil status.

How to Get a Marriage Annulled in Indiana

Marriage annulment in Indiana is the legal process of terminating a marriage that is non-existent under the state's marital laws. Annulments follow similar steps to divorce, but are only available under certain conditions. Individuals who seek marriage annulments in Indiana can petition the appropriate courts using the following steps as a guide:

• Confirm grounds for annulment - Under Indiana law, a marriage qualifies for annulment if it does not abide by the state's marital rules. For instance, either spouse:
  • Commit bigamy
  • Is mentally incapable of giving consent for the marriage
  • Is underage and does not have legal consent to contract a marriage
• Determine eligibility and jurisdiction - Depending on the grounds for annulment, Indiana limits annulment petitions to the involved parties or legal guardians of the incapacitated party in the marriage, with consent. Petition for a marriage annulment in Indiana must be in the Circuit or Superior Court in the county where either spouse resides or the marriage was contracted
• Prepare and file the annulment petition. A petition for annulment of marriage in Indiana should include:
  • The names and addresses of both spouses
  • The date and place of the marriage
  • The legal ground(s) for annulment
  • Any requests for relief, such as property division, child-related orders, or restoration of a former name
• Serve the other spouse (respondent) either by personal service through the sheriff or process server, certified mail with return receipt, or court-approved alternative service (if the spouse cannot be located)
• Attend court hearings - The court may schedule proceedings, particularly if the other party to the marriage contests the annulment. The plaintiff should attend hearings to submit evidence and testify where applicable
• The court will review the evidence and testimonies and decide if there are legal grounds to annul the marriage
• If the court finds sufficient proof to end the marriage, it will issue a Decree of Annulment, which declares the marriage legally invalid from its inception. In addition to annulment, the decree may also address property division, child custody, support, or parenting time (children of an annulled marriage remain legitimate under Indiana law), and restore the parties' previous legal names.

Required Forms and Documentation for an Annulment in Indiana

Indiana does not have a specific annulment packet; petitioners may adapt some family law/domestic relations forms for annulment purposes. Typically, annulment actions in Indiana require the following forms.

Forms for marriage annulment in Indiana may be available through County or court clerk offices. Local Legal Aid & Self-Help Centers, Law Libraries, or Online Legal Forms Services may also provide access to these forms.

Where to File for an Annulment in Indiana

Before an Indiana court presides over a marriage annulment, it must have jurisdiction over the specific case. In Indiana, county Circuit and Superior Courts handle annulment cases. A spouse who seeks marriage annulment must petition their local Circuit or Superior Courts, or the ones in the county where the marriage was conducted. Special jurisdictional provisions (subject to residency requirements) may allow a guardian filing on behalf of an incapacitated spouse to file the petition in the guardian’s county of residence.

Notwithstanding the general provisions for annulments, local procedural rules may apply. Instructions on how to file for marriage annulment in specific counties may be available through their county clerk's offices.

Annulment Timelines and Waiting Periods in Indiana

Unlike divorce, which requires a court to observe a 60-day waiting period from the date of the petition before issuing a final decree, Indiana does not mandate waiting periods for annulment cases.

The timeline for a marriage annulment in Indiana depends on the case complexity, the court's availability, and the respondent's response after receiving official notice of the annulment action.

A marriage annulment can proceed swiftly if it is uncontested and the judge finds the grounds for annulment straightforward after review. Conversely, a contested marriage may require hearings and evidence, which could extend the timeline even beyond those of regular divorce cases. Additionally, court backlogs and missing or incorrect paperwork may significantly delay annulment proceedings.

A marriage annulment in Indiana may proceed faster if:

• The petitioner provides clear and uncontested grounds for annulment
• The petitioners file complete and accurate paperwork
• The litigants engage legal professionals who are familiar with Indiana's annulment law.

Costs and Court Fees for an Annulment in Indiana

Marriage annulment involves several charges that the petitioner is required to pay. The costs for annulment actions in Indiana are similar to those for domestic relations cases. Typically, the base fee for filing civil cases in Indiana (including annulment actions) is $100.00. However, it may rise to $189.00 when combined with other costs. This amount covers services necessary for the annulment to proceed, but does not include attorney fees.

In Indiana, the costs for engaging the services of a lawyer for an uncontested marriage annulment may range from $1,000.00 to $2,500.00. These fees may rise significantly if the annulment is contested and involves children or disputing grounds. Beyond the mandatory fees, litigants may also pay for copying and certification, notary fees, and charges for certified/registered mail.

Individuals who are not able to pay the filing fees for marriage annulments can request waivers by filing a Verified Motion to Waive Pre-Payment of Filing Fees and Court Costs along with a Summary of Household Income and Expenses. To further reduce costs, Indiana permits self-representation for annulment cases. Litigants can also engage the services of non-profit legal aid or low-cost legal help, such as the Indiana Legal Services (ILS).

After the Annulment: What Happens Next?

Once a judge issues a Decree of Annulment on a marriage, it formally invalidates the marriage and treats it as if it never existed. A marriage annulment in Indiana will:

• Restore the involved parties to their single status; they regain their independence and are eligible to remarry immediately
• Create an annulment record that the Vital Records Office may retain
• Resolve any property issues the parties may have. The marriage is not legally recognized. Hence, each party typically keeps the property they brought into the relationship. However, the court will divide joint assets equally
• Restore the former or maiden names of the involved parties.

Although void and voidable marriages are invalid, their annulment does not affect the legal status of children born during the relationships. The court retains jurisdiction to issue orders regarding legal custody, child support, and parenting or visitation.