When is an Annulment Possible?
An annulment is a legal proceeding that cancels a marriage. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never valid.
What are the Grounds for an Annulment?
Each state has their own laws regarding marriage annulments, and there are certain requirements that are nationwide. An annulment case can be initiated by either spouse in the relationship. The party initiating the annulment must prove that they have grounds to do so. If it can be proven, the marriage will be considered null and void by the court. Here is a list of common grounds for annulment:
If either party was married to another person at the time of marriage, this is called bigamy.
One of the spouses was forced, or threatened, into marriage and only married under duress, this is called forced consent.
One of the spouses agreed to the marriage based on the lies or misrepresentation of the other, this is known as fraud.
Marriage between parties that are related in some capacity, this is known as marriage prohibited by law.
Either spouse was mentally ill, or emotionally disturbed, at the time of marriage, this is known as mental illness.
If either spouse was under the influence of alcohol or drugs at the time of marriage, this is known as mental incapacity.
If either spouse was incapable of having sexual relations or impotent during marriage, this is known as an inability to consummate marriage.
If either spouse was too young to enter into marriage without parental consent or court approval, this is known as underage marriage.
Each state has its own set of laws regarding annulment. An annulment is a way of ending a marriage, like divorce. But unlike divorce, there is no waiting period, you can file for an annulment any time after the wedding. You do not need an agreement between both parties for an annulment to happen. But you do however have to have evidence to present to the courts as to why your marriage should be declared null and void. Unlike a divorce, in an annulment there is no division of property or alimony. But like a divorce, all children of the marriage are still considered legitimate.
It is vitally important to have a family lawyer to assist you in navigating pursuit of an annulment.