Understanding Marriage Annulment in Tennessee

In Tennessee, a marriage annulment is a court order declaring that conditions present at the beginning of a union render the entire relationship invalid, as though it never existed. This process differs from a divorce, which ends a legal union, while preserving the record of the marriage.

Under Tennessee law, a court might find a marriage legally invalid from the beginning of the union if the relationship involves bigamy, incest, certain types of fraud, duress, or lack of capacity. If a court grants an annulment, the former spouse regains their single status and may obtain certified copies of the annulment decree as evidence of that status for remarrying.

Grounds for Annulment in Tennessee

Under Tennessee law, annulments are possible only under specific legal grounds that render a marriage void (never legally valid) or voidable (initially valid but may be annulled if challenged).

Several legal grounds for annulment in Tennessee include:

• Insanity: A partner was insane or incapable of understanding the concept of marriage when the couple married.
• Underage: One or both partners were too young to marry.
• Incest: Both partners are related, closer than first cousins.
• Bigamy: A spouse has a living husband or wife at the time of marriage.
• Duress: A spouse was only married because they were pressured.
• Fraud: One spouse deceived the other into marriage.
• Impotence: Occurs when one spouse is physically unable to engage in sexual intercourse, and
• Denial of marital rights: This happens when one spouse refuses to live together or have sexual intercourse during the marriage.

Eligibility Requirements for an Annulment in Tennessee

In Tennessee, either party in a marriage may petition the court for an annulment. However, this is only possible if they can prove that a legal defect existed at the time of the wedding (e.g., bigamy, incest, serious fraud, duress, underage marriage without proper consent, insanity, or other incapacity) that made genuine consent impossible.

Under Tennessee law, an annulment is only possible when the marriage was never valid from the beginning of the union (void) or initially valid but may be annulled if challenged (voidable). The responsibility for proving that a legal defect existed when the marriage was entered lies with the petitioner; grounds arising later are generally grounds for divorce, not annulment.

Since Tennessee does not have a detailed "annulment residency statute", the state's courts apply the same basic jurisdiction and residency rules as in divorce proceedings. This means a petitioner may file an annulment in a chancery, circuit, or any other court that handles divorce matters. This is expected to take place in a county where both parties have lived separately, or in the county where the respondent lives. If the respondent in the annulment petition is a non-resident or a convict, the filing is expected in the county where the petitioner resides.

Concerning residency, Tennessee's divorce statute allows a case to proceed if the acts complained of occurred while the plaintiff was a bona fide resident of Tennessee. For acts that occurred outside Tennessee, the case may proceed if either spouse has lived in Tennessee for 6 months immediately before filing; this also applies to annulments.

Tennessee law does not specify a time limit for filing annulment petitions. However, the courts advise that petitioners file within a reasonable time after discovering the defect. Continued cohabitation after the problem is removed (for example, after reaching legal age or after learning of the fraud) may reduce the likelihood that a marriage is voidable.

In Tennessee, couples that belong to the Catholic faith may seek an annulment. This process is helpful for religious purposes; however, only a court annulment will render a marriage legally void and recognized by the state.

How to Get a Marriage Annulled in Tennessee

In Tennessee, the process of obtaining an annulment typically follows the same steps as a divorce. The general step-by-step process for getting an annulment in the state is outlined as follows:

Step 1: File the Petition

The individual seeking the annulment (the petitioner) begins the process by filing a Complaint for Annulment in the circuit or chancery court of the county where either spouse lives. In the document, the petitioner is expected to state the date and location of the marriage, identify both spouses, state the legal grounds for annulment, and provide supporting evidence.

Step 2: Service and Response

After filing, the clerk issues a summons; the plaintiff is responsible for having the summons served on the spouse by a sheriff or a private process server. The respondent spouse is expected to answer the petition, contesting or agreeing to the grounds for annulment. Uncontested cases that are satisfactory to the judge may be decided via written proof or a brief hearing. If contested, the court schedules further hearings or, where necessary, a trial.

Step 3: Attend a Hearing

In contested annulment cases, the plaintiff is expected to present proof that a legal defect existed at the time of the marriage (e.g., a previously undissolved marriage (bigamy), proof of prohibited kinship, or records showing underage status without consent). The judge hears evidence, testimony, and witness statements from both parties before deciding whether to annul the marital union.

Step 4: Issuance of the Decree of Annulment

If the court agrees that the legal ground for annulment has been met, it issues a Final Decree of Annulment. This report declares that the marriage was never valid from the start under the law, restores the former couple's single status, and more.

Required Forms and Documentation for an Annulment in Tennessee

Tennessee does not have a standard annulment packet for statewide usage. Since annulment processes align with those for divorce, petitioners typically amend state-approved divorce forms to file their annulment petitions.

Some of these forms and documents include:

• Complaint (Petition) for Annulment: This is a written pleading asking the court to declare the marriage void/voidable, structured much like the Supreme Court–approved Request for Divorce (Complaint) forms.
• Civil Summon: A form used by the clerk to inform the other party of the case.
• Uniform Civil Affidavit of Indigency/Request to Postpone Filing Fees: Used by parties unable to pay court fees to request a waiver or postponement of filing costs.
• Certificate of Divorce or Annulment: This is a Tennessee Department of Health vital records form that must be completed in all divorce or annulment cases.
• Supporting evidence: These comprise documentation proving the annulment ground (e.g., former marriage records, birth certificates showing age, medical records for incapacity, or written communications showing fraud).

Interested parties seeking official court forms may visit the Court-Approved Divorce Forms page of the Tennessee Courts' site.

Where to File for an Annulment in Tennessee

Under TN Code § 36-4-105, petitioners may file annulments in the chancery or circuit court or other court that hears divorce proceedings. This is to be filed in the county where the couple lived at the time of their separation, or in the county where the defendant resides. If the defendant is not a resident of Tennessee or is a convicted felon, the petition is expected to be filed in the county where the applicant resides.

In practice, a petitioner (spouse seeking annulment) files a Complaint for Annulment with the clerk of the court that handles divorce cases in their county. This may be a Circuit, Chancery, or General Sessions Court. The party initiating the process is expected to confirm the court with divorce jurisdiction with the clerk before filing.

Local procedures, including information on e-filing availability, the number of scheduled hearings, and other details, are established at the county level and can be accessed via most counties' circuit or chancery court clerk websites.

Annulment Timelines and Waiting Periods in Tennessee

In Tennessee, annulments do not have a general waiting period like divorces. Likewise, there is no specified timeline for the process. The timeframe for an annulment process depends on the specific procedure and the required proof. This refers to whether complaints are swiftly filed in the appropriate court, how quickly and effectively the defendant is served, whether the grounds for annulment are contested, and the complexity of the evidence provided.

Costs and Court Fees for an Annulment in Tennessee

In Tennessee, the costs and court fees for an annulment are similar to those for a divorce. This is because annulments are handled by the same trial courts (circuit and chancery) that hear divorce proceedings. Both processes utilize the same basic domestic relations fee schedule. An appraisal of several county fee schedules revealed that most counties set their own combined fees (clerk's fee, litigation taxes, and service). As of November 2025, filing fees for a domestic relations case, including annulments, range from $200 to $380, depending on the county and whether service on the defendant (spouse) is included.

Aside from filing fees, parties to an annulment are expected to pay service-of-process costs. This costs about $40 to $50 per defendant in chancery or circuit courts.

Attorney fees are not under state authority. The complexity of the case typically influences these fees; uncontested cases usually cost less than contested cases.

Those who cannot pay their filing fees may request the court to postpone or waive costs by filing the Uniform Civil Affidavit of Indigency or a Request to Postpone Filing Fees and Order, both approved by the Tennessee Supreme Court.

Either spouse may also represent themselves (pro se) by amending court-approved divorce forms to suit their annulment complaint.

After the Annulment: What Happens Next?

After the court grants an annulment, the marriage ceases to exist and is treated as if it never happened. An individual may legally claim never to have been married to their former spouse after an annulment, thereby becoming eligible to remarry.

During an annulment hearing, the judge may rule on matters similar to those in a divorce: custody, visitation, child support, alimony, and property division.

Under Tennessee law, children born during an annulled marriage are considered legitimate. Their right to child support and to inherit from either parent is protected by law.