- An annulment nullifies a marriage, treating it as though it never existed, in contrast to a divorce, which ends a valid marriage.
- Annulments apply to marriages that are legally void or voidable.
- To determine if a marriage may be annulled, factors such as the marriage duration and whether there are children involved are important. Longer marriages with children usually require divorce proceedings instead of annulment.
- Similar to divorce, parties seeking an annulment can request an equitable division of property, alimony, child support, custody, attorney fees, and other costs.
Void Marriage:
- A void marriage is considered never to have occurred and does not require legal dissolution. Examples include:
- One spouse was already married.
- The spouses are closely related.
- One party was mentally incapacitated at the time of the marriage.
- The marriage involves parties under 18.
- Same-sex marriages before legalization are void.
- A void marriage can be challenged by either party or a third party. For example, a guardian may challenge a marriage involving a minor before they turn 18.
- A void marriage cannot be remedied by continued cohabitation unless it’s a case of bigamy and there is evidence of good faith.
Voidable Marriage:
A voidable marriage is valid until annulled by a court. Only the parties to the marriage can challenge its validity.
Examples of voidable marriages include:
- Intoxication at the time of marriage.
- Mental disability at the time of the ceremony.
- Impotency.
- Not meeting the legal age for marriage.
- Fraud, duress, or coercion.
- Mistakes regarding the nature of the ceremony.
- Infidelity, where the wife becomes pregnant by another man without the husband’s knowledge.
For example, if a couple gets drunk and marries without realizing, they may annul the marriage if they act within 60 days.
Effect of Annulment:
- The marriage is invalidated as if it never took place.
- Children born of the marriage remain legitimate.
- Child support can still be ordered.
- Property is treated as though no marriage ever occurred, meaning there is no marital property.
In Pennsylvania, if a marriage was previously valid but improperly dissolved, and the impediment is removed (e.g., the previous marriage is annulled or the spouse dies), the couple may be considered legally married from that point if they continue living together, believing in good faith that the previous marriage was dissolved or that the other spouse was deceased.
The purpose of annulment is to protect an innocent spouse who unknowingly entered a marriage that was invalid, allowing them to continue the relationship if desired and the prior marriage can be resolved.
Divorce Lawyer R. Badet
Experienced and committed, Divorce Lawyer R. Badet helps clients throughout the divorce process, handling both simple and complex cases, including spousal support, child support, and custody. Visit his website at www.lawyersfordivorces.net for a free consultation to learn more about your legal options. R. Badet is a respected and skilled attorney with years of experience in both Family Law and Criminal Law.
Keywords for Divorce Services:
- Divorce lawyers nearby
- Divorce and family law attorney
- Low-income divorce lawyers near me
- International divorce lawyer near me
- Reasonable divorce lawyers
- Best-rated divorce lawyers near me
- Finding a good divorce lawyer
- Divorce and family lawyer near me
- Divorce lawyers for men near me
- Black divorce lawyers near me
- Family law divorce lawyers
- Contested divorce lawyer
- Best divorce lawyers
- Cheap divorce lawyers near me
- Family court lawyers near me
- Best divorce attorney
- Family court attorney