Definition of Annulment:
- An annulment declares a marriage invalid, treating it as if it never existed, unlike divorce, which ends a valid marriage.
- Annulments are granted for marriages deemed legally void or voidable.
Key Considerations for Annulment:
- The length of the marriage and the presence of children are critical factors in determining eligibility for annulment.
- For longer marriages with children, a divorce proceeding may be required instead of an annulment.
Rights of Parties in an Annulment:
- Similar to divorce, parties in an annulment can seek equitable property distribution, alimony, child support, custody, attorney fees, and other related costs.
Types of Marriages Subject to Annulment:
1. Void Marriages:
- Void marriages are considered invalid from the outset and do not require judicial intervention to dissolve. Examples include:
- A party is already legally married.
- Marriage between close relatives.
- Marriage involving mental incapacity at the time of the union.
- Underage marriage or common-law marriage entered into by a minor under 18.
- Void marriages can be challenged by a party to the marriage or a third party, such as a parent or guardian.
- Continued cohabitation after resolving the issue (e.g., a bigamous marriage) does not make a void marriage valid.
2. Voidable Marriages:
- Voidable marriages are considered valid until one party seeks annulment through a judicial decree.
- Only a party to the marriage can challenge its validity.
- Examples of voidable marriages include:
- Intoxication during the marriage ceremony.
- Mental disability or incapacity.
- One party being underage.
- Fraud, duress, or coercion to marry.
- Misunderstanding the nature of the ceremony.
- Concealed pregnancy by another partner.
- If the annulment action is not initiated within a set period (e.g., 60 days of marriage), the marriage may be deemed valid.
Effects of Annulment:
- The marriage is treated as if it never occurred.
- Children from the marriage remain legitimate.
- Child support may still be ordered.
- Property is divided as though no marriage took place, meaning no marital property is recognized.
Special Considerations:
- In cases where a prior valid marriage was not terminated (e.g., through divorce), the subsequent marriage can become valid if the impediment is resolved, and the parties continue living together in good faith.
- The purpose of annulment is often to protect the innocent spouse unaware of the legal obstacles to the marriage.
Contact Divorce Lawyer R. Badet for expert legal assistance in annulments and divorce matters.
- Knowledgeable in family law, including annulments, divorces, child custody, and spousal support.
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Visit www.lawyersfordivorces.net or call (267) 277-2641 for a free consultation today!