- An annulment invalidates a marriage, declaring it as though it never existed, unlike a divorce, which dissolves a valid marriage.
- Annulments are applicable for marriages that are either void or voidable.
- To determine if a marriage is eligible for annulment, factors like the length of the marriage and the presence of children must be considered. If the marriage has lasted longer and children are involved, a divorce is typically required instead of an annulment.
- Similar to divorce, parties involved in an annulment can request equitable distribution of property, alimony, child support, custody, attorney fees, and other related costs.
Void Marriage:
- A void marriage is considered never to have happened. It does not require judicial dissolution. Examples include:
- If either spouse was already married to someone else, the latter marriage is void.
- Marriages between close family members are void.
- Marriages entered while one party was mentally incapacitated are void.
- Same-sex marriages are void (in some jurisdictions).
- Marriages where one party was under 18 are void.
- A void marriage can be challenged by either party or by a third party. For instance, a parent or guardian can seek a judgment declaring a marriage invalid if the minor entered into a common-law marriage.
- A void marriage cannot be validated by cohabitation once the issue (such as bigamy) is resolved, except in cases of good faith.
Voidable Marriage:
A voidable marriage remains valid until one party seeks an annulment. A judicial decree is needed to dissolve it.
A voidable marriage can only be contested by one of the parties.
Examples of voidable marriages include:
- Intoxication: If either party was drunk during the ceremony, the marriage may be voidable.
- Mental Disability: If one party was mentally disabled during the ceremony, the marriage may be voidable.
- Impotency: A marriage can be voidable if one party is incurably impotent.
- Age: If one party was underage, the marriage can be voidable.
- Fraud: A marriage induced by fraud, duress, or coercion is voidable.
- Mistake about the Ceremony: If the couple mistakenly believed they were having a legitimate ceremony, the marriage is voidable.
- Infidelity: If the wife becomes pregnant by another man without the husband’s knowledge, the marriage is voidable.
- Fraud or Duress: If one party was coerced or deceived, the marriage may be voidable unless the parties continue living together after the fraud or duress is resolved.
For instance, if a couple marries while intoxicated and later realizes their mistake, the marriage can be annulled if the annulment process begins within 60 days.
Effect of an Annulment:
- The marriage is declared void, as if it never existed.
- If there are children, they are still considered legitimate.
- Child support can be awarded.
- Property division is treated as though the marriage never took place, meaning there is no marital property.
If a valid prior marriage was not properly dissolved, and the impediment is removed (e.g., annulment, divorce, or death of the previous spouse), the subsequent marriage may be recognized as valid if the parties continue living together in good faith, believing the prior marriage was terminated.
The goal of annulment is to protect the innocent spouse who unknowingly entered a marriage that was not legally valid. If both spouses wish to stay together and the issue with the previous marriage can be rectified, they can continue as a valid couple.
Divorce Lawyer R. Badet is an experienced attorney dedicated to guiding clients through all stages of divorce. His expertise includes complex divorce cases, spousal support, child support, and custody issues. For more information and a free consultation, visit www.lawyersfordivorces.net. R. Badet is a respected lawyer with years of experience in both Family and Criminal Law.