- An annulment declares a marriage invalid, treating it as though it never existed, unlike a divorce, which ends a valid marriage.
- Annulments apply to marriages that are legally void or voidable.
- Factors such as the length of the marriage and whether children are involved determine if annulment is an option. Longer marriages with children often require divorce proceedings instead.
- Similar to divorce, annulment cases allow for equitable distribution of property, alimony, child support, custody, and related legal fees.
Void Marriages
- A void marriage is inherently invalid and does not require judicial dissolution. Examples include:
- A party already married at the time of the second marriage.
- Marriage between close family members.
- Marriages involving one party’s mental incapacity.
- Marriages under outdated restrictions (e.g., historical same-sex marriage prohibitions).
- Minors entering into common-law marriages under the age of 18.
- Void marriages may be challenged by one of the spouses or even third parties. For instance, parents or guardians can seek a court judgment to nullify a minor’s common-law marriage before they turn 18.
- Continued cohabitation does not validate a void marriage, except in rare cases such as bigamy with a showing of good faith.
Voidable Marriages
- Voidable marriages are legally valid until a court annuls them. Only one of the spouses can initiate the annulment process.
- Examples of voidable marriages include:
- Intoxication at the time of the ceremony.
- Mental disability of one spouse during the marriage.
- Impotence that is incurable.
- Marriages involving underage individuals.
- Fraud, duress, or coercion.
- Mistakes about the legality of the ceremony, such as an unlicensed officiant.
- Concealed pregnancy by another man.
- If a voidable marriage continues after fraud or coercion has been resolved, annulment may not be granted.
Effects of an Annulment
- The marriage is nullified as if it never existed.
- Children from the marriage remain legitimate.
- Child support can be ordered.
- Property is treated as if no marital union occurred, meaning no marital property exists.
Special Circumstances
If a marriage impediment (e.g., an existing prior marriage) is removed and the couple continues to live together in good faith, the marriage may be recognized as valid moving forward. This protects innocent parties who were unaware of prior marital ties.
Purpose of Annulment
Annulment protects individuals who enter into marriages under false pretenses or with undisclosed legal impediments. It ensures fair outcomes for those unknowingly affected by invalid unions.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet provides expert legal services for all stages of family law cases, including annulments, divorces, alimony, child custody, and spousal support. He is committed to achieving the best results for his clients, handling both simple and complex cases efficiently.
- Affordable services, including consent divorces starting at $599.
- Multilingual services available for diverse clients.
- Skilled in both family and criminal law, offering comprehensive representation.
📞 Contact: (267) 277-2641
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