An annulment invalidates a marriage, treating it as if it never legally existed, unlike divorce, which ends a valid marriage. It applies to unions that are legally void or voidable.
Key Factors for Annulment
- Eligibility: The length of the marriage and the absence of children are critical in determining if annulment is appropriate. Longer marriages or cases involving children typically require divorce instead.
- Equitable Distribution: Both annulment and divorce allow parties to seek property division, alimony, child support, custody, and attorney fees.
Void Marriages
Void marriages are treated as if they never occurred and do not require court intervention to dissolve. Examples include:
- A party having a pre-existing valid marriage.
- Marriages between close family members.
- Marriages involving mental incapacity at the time of the ceremony.
- Marriages where one party was underage.
- Same-sex marriages in jurisdictions where they are not legally recognized.
Void marriages can be challenged by either party or a third party. For example, a parent or guardian may seek to annul a minor’s common-law marriage before the minor reaches adulthood. Continued cohabitation does not validate a void marriage, except in cases of bigamy with good faith.
Voidable Marriages
Voidable marriages are valid until annulled through court action and can only be challenged by the parties involved. Examples include:
- Intoxication: Marriage entered into while under the influence of alcohol.
- Mental Disability: Mental incapacity during the marriage ceremony.
- Impotency: One party’s incurable impotency.
- Age: One party being below the legal age to marry.
- Fraud or Duress: Inducing marriage through deception, coercion, or force.
- Mistake: Errors regarding the legitimacy of the ceremony.
- Pregnancy: The wife being pregnant by another man without the husband’s knowledge.
If these conditions are present, annulment must be initiated promptly, often within a specified timeframe, such as 60 days.
Effects of an Annulment
- The marriage is nullified as though it never existed.
- Children from the marriage remain legitimate.
- Child support can still be awarded.
- Property is handled as if there was no marital property.
Special Cases
In situations involving a prior valid marriage that was improperly terminated, the removal of the impediment (e.g., divorce or death of the first spouse) can result in the current marriage becoming valid if both parties continue to live together in good faith.
Purpose of Annulment
Annulment serves to protect individuals who unknowingly entered into invalid marriages. If the prior marriage is resolved and both parties wish to reconcile, the current marriage can continue as a valid legal union.
Contact Divorce Lawyer R. Badet
For experienced legal representation in annulments, divorces, and family law matters, contact Divorce Lawyer R. Badet at (267) 277-2641 or visit www.lawyersfordivorces.net. Services start at $599 for consent divorces finalized in 60 days. Free consultations available.