• (1) An annulment voids a marriage and declares it as having never been valid (as opposed to a divorce, which terminates a valid marriage).

• (2) Annulments are available for defective marriages that are legally void or voidable.

• (3) What you need to look for to see whether a marriage qualifies for the possibility of annulment is the length of the marriage, and the absence of children.  

• If there is a longer duration of the marriage and there are children involved, then it is probably going to be necessary for the parties to go through a divorce proceeding (instead of annulment), and

• (4) Note that the parties to an annulment are no different than parties to a divorce in terms of their ability to seek an equitable distribution of the property, alimony, child support, custody, attorney fees, and other costs associated with the proceedings. In theory, all of these are available.

·         Void Marriage:

• (1) A void marriage is treated as if it never happened.  It does not need to be judicially dissolved.  For example:  (1) if either party had a valid prior existing marriage, the latter marriages void; (2) A marriage between people in the same family is void; (3) a marriage contract entered into while one of the parties is mentally incapacitated is void; (4) same-sex marriage is are void; and (5) if either of the parties was under the age of 18 when he entered into the common-law marriage, then the marriage is void.

• (2) Void marriages can be attacked by one of the parties or by a third party. For example:  In Pennsylvania, the parent or guardian of a minor who has allegedly entered into a common-law marriage may seek a declaratory judgment voiding the marriage before that minor turns 18. 

•  (3) A void marriage will not be remedied by continued cohabitation after the removal of the impediment (except in cases of bigamy where there has been a showing of good faith).

·         Voidable Marriage:

• A voidable marriage is valid until one of the parties seeks an annulment. There must be a judicial decree to dissolve the marriage.

• A voidable marriage can be attacked only by, or on behalf of a party to the marriage.

Examples of a voidable marriage include: (1) Intoxication; (2) mental disability; (4) Not Old Enough; (5) Fraud; (6) Mistake as to the nature of the ceremony; (7)the wife becomes pregnant by another man; and (8) Fraud or duress.

•  (1) Intoxication, e.g., if the parties were drunk at the time of the ceremony (and woke up married the next morning), then the marriage is voidable.

• (2)If a party was under a mental disability at the time of the ceremony, then the marriage is voidable.

• (3) Impotency: if one of the parties is incurably impotent, then the marriage is voidable.

• (4) Not Old Enough: If one of the parties is not old enough, then the marriage is voidable.

• (5) Fraud: inducing someone to enter into a marriage through the use of fraud, duress, coercion, or force can make a marriage voidable.

• (6) Mistake as to the nature of the ceremony can make a marriage voidable, (e.g., If you thought that you had a legitimate ceremony but it was performed by someone who didn’t have the proper certification to marry you, then the marriage is voidable)

• (7)If the wife becomes pregnant by another man without the husband’s knowledge, then the marriage is voidable, and

• (8) Fraud or duress can make a marriage voidable, unless the parties continue to live together after the fraud or duress is removed from the situation, (i.e., the parties forgive each other).  For Example:  Rachel and Ross fly to Las Vegas to celebrate their friends’ engagement. They get drunk one night and go to a drive-in chapel where they get married.  They wake up sober the next morning and realize it was all a big mistake.  In that case, the marriage is voidable and it can be annulled, assuming an annulment action is commenced within 60 days.

ifthe marriage is voidable, then it can be annulled (assuming the annulment action is commenced within 60 days of the marriage ceremony).

·         Effect of an Annulment:

• (1) The marriage is set aside as if it never existed;

• (2) If there are children, the children will remain legitimate;

• (3) Child support can be awarded; and

• (4) Property will be treated as if there was never a marriage, (i.e., there will not be marital property).

In Pennsylvania, in the case of a prior valid marriage that was not properly terminated, if the impediment is removed, (i.e., the first valid marriage is annulled, or the parties get divorced, or the other spouse dies), then the parties will be deemed to be legally married from that date forward if they continue to live together, and one or both entered into the subsequent marriage in good faith that the other spouse was dead, the former marriage was already terminated through annulment or divorce, or there was simply no knowledge of the former marriage. 

The purpose of an annulment is to protect the innocent spouse, who enters into a marriage and had no idea that the person that they were marrying had not terminated a prior marriage; if that couple really wants to stay together, reconcile, and that former marriage can be remedied, then that marriage can continue as a valid marriage.

Divorce Lawyer R. Badet is an experienced divorce lawyer and dedicated to helping his clients at every stage of the divorce process. His practice includes simple and complex divorces, spousal support, child support, and child custody.  Divorce Lawyer R. Badet is a knowledgeable divorce attorney. He has the experience needed to obtain the best possible outcome for your situation! Visit his website to learn more about your legal rights and options: www.lawyersfordivorces.net, call for a free consultation.  He is a highly respected and experienced attorney with many years of experience. He is an experienced litigation attorney who represents our clients in both Family Law and Criminal Law matters.