Annulment in Pennsylvania

  1. Definition of Annulment:
    An annulment voids a marriage, treating it as though it never existed, unlike a divorce which dissolves a valid marriage.
  2. Eligibility for Annulments:
    Annulments are reserved for marriages deemed legally void or voidable. Key factors for eligibility include the duration of the marriage and the absence of children.
    • Longer marriages or those with children typically require a divorce proceeding rather than annulment.
  3. Property and Financial Rights in Annulments:
    Parties to an annulment, like divorce, can request equitable distribution of property, alimony, child support, custody, attorney fees, and associated costs.

Void Marriages

Void marriages are considered legally non-existent and do not require judicial intervention for dissolution.

Examples of Void Marriages:

  • One party was already married at the time of the union.
  • Marriage between close relatives.
  • Mental incapacity of one party at the time of marriage.
  • Same-sex marriages (in jurisdictions where they remain prohibited).
  • One party was under 18 during a common-law marriage.

Additional Details:

  • Void marriages may be challenged by either party or third parties (e.g., a minor’s guardian).
  • Continued cohabitation after removing the impediment (e.g., bigamy) does not legitimize a void marriage unless done in good faith.

Voidable Marriages

Voidable marriages are legally valid until annulled through a judicial process.

Examples of Voidable Marriages:

  1. Intoxication: Marriages entered into while intoxicated.
  2. Mental Disability: A party’s mental incapacity at the time of the ceremony.
  3. Impotency: If a party is incurably impotent.
  4. Underage Marriage: One party does not meet the legal age requirement.
  5. Fraud or Duress: Coercion or deceit leading to the marriage.
  6. Mistaken Ceremony: Marriages performed by someone without proper authority.
  7. Pregnancy by Another Man: If the wife is pregnant by another man without the husband’s knowledge.

Key Consideration:
For voidable marriages, the annulment must be initiated within 60 days of the ceremony unless specific conditions apply.

Effects of an Annulment

  1. The marriage is nullified as if it never occurred.
  2. Any children remain legitimate.
  3. Child support may still be awarded.
  4. Property is treated as if no marital union existed.

Special Considerations in Pennsylvania

  • If a previous marriage was not properly terminated, but the impediment is later removed (e.g., divorce or death of the prior spouse), and the couple continues living together in good faith, the marriage may be deemed valid from the date of resolution.
  • Annulments protect the “innocent spouse” unaware of the impediments to marriage, allowing the marriage to continue if properly reconciled.

Divorce Lawyer R. Badet

Divorce Lawyer R. Badet is a trusted attorney experienced in handling annulments, divorces, spousal support, child custody, and family law matters. With extensive legal expertise, he is committed to achieving the best outcomes for his clients.

Key Services:

  • Consent divorces starting at $599, completed in as little as 60 days.
  • Representation in cases involving refusal to sign divorce documents.

Contact Details:
📞 (267) 277-2641
🌐 www.lawyersfordivorces.net

Call now for a free consultation and learn more about your legal options!