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Can I change my marital status to single after the annulment?

By Spodek Law Group | July 27, 2023
(Last Updated On: October 13, 2023)

Last Updated on: 13th October 2023, 08:22 pm

Can I Change My Marital Status to Single After an Annulment?

Getting married is supposed to be one of the happiest moments in a person’s life. You’ve found your soulmate and can’t wait to spend the rest of your life with them. However, sometimes things don’t work out as planned. What once seemed like a fairytale romance can quickly turn into a nightmare.

If you find yourself in a marriage you want to end, you have two options – divorce or annulment. Many people choose divorce because it’s the most common way to legally end a marriage. But annulment has one big advantage – it essentially erases the marriage so you can go back to being single.So if you get your marriage annulled, can you change your marital status back to single? The short answer is yes. Here’s what you need to know:

What is Annulment?

An annulment is a legal procedure that dissolves a marriage and declares it invalid. The court issues an order saying the marriage never legally existed in the first place. This is different from divorce, which ends a legal marriage.There are specific grounds that must be met to qualify for an annulment. Reasons can include:

  • One spouse was already married (bigamy)
  • The couple is too closely related (incest)
  • One spouse was underage or unable to consent
  • Fraud or misrepresentation to induce marriage
  • Mental incompetence
  • Impotence
  • Duress or force

If the court determines your marriage meets the requirements for an annulment, it will be completely erased – legally, it’s as if it never happened.

Annulment Status Reverts You Back to Single

When your marriage is annulled, your marital status reverts back to single. It’s like hitting the reset button on your relationship status. The court views you as though you were never married in the first place.You can absolutely change your marital status to single on any legal documents or government forms after an annulment. As far as the law is concerned, you are once again an unmarried individual.Some key points about annulment status:

  • Your relationship is completely voided – you were never legally married
  • You can legally call yourself single or unmarried
  • Any children born are still considered legitimate
  • You have no waiting period and can remarry immediately

Annulment erases the marriage so you’re not considered divorced. Your marital status and legal records will show that you are single with no prior marriages.

Updating Your Marital Status

After your annulment is finalized, be sure to update your marital status on any relevant documents. Here are some things you may need to change:

  • Tax returns – File amended returns for any years you were married and change status to single
  • Bank accounts, loans, bills – Remove any joint spouse names
  • Insurance – Obtain individual health, auto, home policies
  • Wills, trusts, estates – Update any documents listing now ex-spouse
  • Social Security, Medicare – Notify if name change; SS benefits may change
  • Passport – Can revert back to maiden name; update marital status
  • Driver’s license – Change name and marital status
  • Employment records – Update marital status on HR forms

It’s important to complete this paperwork promptly. Failing to update your documents can create legal and financial issues.

The Annulment Process

If you want to change your status back to single, you’ll first need to go through the annulment process:

1. File a Petition

To start, you or your spouse must file an annulment petition with the court. This outlines your reasons for requesting an annulment and provides evidence to support your claims.

2. Notify Your Spouse

Your spouse must be properly notified that you have filed for annulment. A copy of the petition and a summons will be delivered.

3. Attend a Court Hearing

Most states require you to attend a court hearing. You’ll explain to the judge why your marriage should be annulled. Your spouse can contest the annulment if they disagree.

4. Receive a Court Order

If the judge approves the annulment, they will issue a court order declaring your marriage null and void. This legally ends the marriage.Once you have the final court order in hand, you can change your marital status to single on any legal documents. Some states allow you to use your maiden name again right away. Others may require a specific request or waiting period after the annulment is final.

Tax Implications

Filing taxes after an annulment takes some extra planning. Here are some key things to know:

  • File amended returns – For any tax years you were married, refile as single
  • No alimony – Since there was no legal marriage, alimony isn’t awarded
  • No property division – The court has limited power to divide assets
  • Children remain dependents – You can still claim children on your return
  • Inheritances may change – An annulment can impact who inherits assets

Work closely with your tax preparer to ensure your returns are accurate. You want to avoid any unnecessary tax liability or penalties.

Other Considerations

While an annulment erases a marriage, there can still be additional factors to weigh:

  • Custody of children – Child custody, visitation, and support may need to be addressed
  • Spousal support – In some cases, short-term support may be ordered
  • Division of property – The court can divide joint property in rare cases
  • Religious views – Annulment may have impact under canon law

Be sure to consult an attorney to understand all your options. They can help ensure your rights are protected throughout the annulment process.

Moving Forward After Annulment

Ending a marriage can be an emotional rollercoaster under any circumstances. Here are some tips for moving forward after an annulment:

  • Seek closure – An annulment can give a sense of closure and relief
  • Remove reminders – Distance yourself from any memorabilia or gifts
  • Surround yourself with support – Spend time with close family and friends
  • Pursue new hobbies – Pick up new activities and meet new people
  • Focus on you – Take time for self-care and invest in your needs
  • Accept the past – Don’t dwell on regrets; learn and look ahead

While it may take time to heal, an annulment offers a fresh start. Embrace your newly single status and the exciting opportunities ahead. The right person is out there waiting for you when you’re ready.

The Bottom Line

If you meet the legal requirements, an annulment can completely erase your brief marriage. Once finalized, you are free to change your marital status back to single. Be sure to promptly update this status across all your legal documents, records, and accounts.Annulling a marriage rather than divorcing has several implications to consider. Work with an attorney and tax professional to pursue an annulment properly. But once completed, you can close this chapter in your life and embark on a bright new future as a single person once again.

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