This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
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Unlike marriage and divorce records, records of an annulment are usually not kept with state vital records offices. Technically, after an annulment, the marriage never took place, making it especially hard to trace its records. However, the petition to get an annulment and the order granting the annulment are both still judicial proceedings, which are a matter of public record. They’re not always the easiest to track down, but with a little bit of effort or money on your part, you should be able to find a record if one exists.
Steps
Finding Annulment Records through a Clerk of Court
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1Find out where the annulment was granted. The best way to find the record of an annulment is by going to the county where the annulment was granted and purchasing a copy of the record. If you’re looking for a record of your annulment, go wherever you filed. If you’re looking for someone else’s annulment, there are a few things you might try in order to locate where it was filed:[1]
- The state of Texas maintains a statewide index of divorces and annulments dating from 1968. As of September 2016, it seems to be the only state recording annulments on a statewide basis. Search the index at https://www.dshs.texas.gov/vs/marriagedivorce/dindex.shtm.
- Do a little internet sleuthing. LinkedIn is a great way to trace a person’s whereabouts over the course of a given time period, as is Facebook. Background check websites will usually let you do a search before you pay, and you'll often see address information on the intro page.
- Check census records. If you’re looking for historical records of an annulment, you might have some luck tracing the individual’s whereabouts through census records. Information about individuals is available up to 1940. Find historical census records at https://www.archives.gov/research/census/.
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2Contact the county clerk of court. Once you’ve determined where the annulment was granted, contact the clerk of court for that county and ask them if they maintain the records of court judgments for the county, and if so for how long.
- They often do, but in some counties a county recorder handles the records for older cases.
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3Go to the clerk of court or county recorder. Once you’ve figured out which office to go to, visit the office and request the record. As always, offer the clerk as much information as possible. It’s better to have information you don’t need than to need information you don’t have.[2]
- In some localities, you’ll be able to search these records online. However, online records are often limited. There may only be a record of an annulment taking place on a certain day, with no text from the judgment or details of the case.
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4Pay the fee. There’s typically a fee associated with obtaining a copy of a court record, but it usually isn’t much—less than $50.
- It’s probably best to bring cash. Many county offices do not accept credit.
Paying for a Background Check
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1Collect as much information as you can. If you’re going to pay for a background check, gather as much information as you can about the annulment and the parties to it. Internet background checks are done by algorithm and not by a human, so they show a lot of false positives—flagging different people with similar names as the same person. Knowing details about addresses, dates of birth, employment, or criminal history can be helpful in removing the false positives.
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2Choose between an internet background check and a private investigator. Internet background checks are usually cheaper than private investigators, but have their disadvantages. Both can tell you if a court record for an annulment exists and where the record is located, but you’ll have to weigh the pros and cons of obtaining additional information.
- Although some internet background check companies have better reputations than others, all of them show some false and incomplete information. In addition, an internet background check might not tell you that an annulment was filed in a county, just that a case was opened in that county. In addition, if you want an actual copy of the court judgment, you’ll still have to go through the clerk of court to get it.[3]
- You can hire a private investigator to run what’s called a “skip trace” on the person you’re looking for. “Skip tracing” just means locating (tracing) a person (who skipped town). In this case you’d be looking for the whereabouts of a person when they got an annulment. Private investigators typically have access to more powerful search tools than internet background checks do, and they’ll be able to procure a copy of the actual judgment.[4]
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3Run your search. If you’ve decided to go with a private investigator, hand over any information about the annulment you’ve been able to find, and then wait for them to complete their investigation. If you’ve gone with an Internet based service, run your search.
- In an internet search, cross reference any positive matches you get against the information you’ve already gleaned about the parties to the annulment for accuracy. For example, if you find a record of the right name in the right place, make sure family members and the date of birth also match.
- Make sure you monitor your credit cards after running a background check. Background check companies are notorious for adding reoccurring monthly charges to a person’s bill. Make sure you’re only paying for what you want to pay for.