An annulment in Pennsylvania sets aside a marriage as though it never existed, unlike a divorce that ends a valid union. It applies to marriages that are legally void or can be challenged as voidable. Generally, the length of the marriage and the presence of children are crucial factors in deciding if annulment is an option. When a couple has been together for a longer time or has children, they will usually proceed with a divorce rather than an annulment. In terms of legal rights—such as property division, alimony, child support, custody, attorney fees, and other costs—parties to an annulment may pursue the same remedies available in a divorce.
Void Marriages
- Definition: Considered legally nonexistent from the start and do not require a court order to dissolve.
- Examples:
- One spouse was already married.
- The spouses are closely related.
- One spouse was mentally incompetent at the time of the ceremony.
- (Under older provisions) A same-sex marriage could have been classified as void.
- If either party was under 18 in a common-law marriage scenario.
- Challenges: A void marriage can be contested by the spouses themselves or, in certain circumstances, by a third party (such as a parent or guardian).
- Cohabitation: Continuing to live together after removing the obstacle that caused the marriage to be void does not automatically fix the issue, except in specific bigamy cases where there is a showing of good faith.
Voidable Marriages
- Definition: Recognized as valid unless and until one spouse (or someone acting on their behalf) seeks a court decree to annul.
- Examples:
- Intoxication at the time of the ceremony.
- Mental disability at the time of marriage.
- Impotency (if incurable).
- Underage spouse who did not meet legal age requirements.
- Fraud, duress, or coercion used to obtain consent.
- Mistake about the nature of the ceremony (e.g., an officiant who lacked proper authority).
- Pregnancy by another partner without the other spouse’s knowledge.
- Key Point: If the disadvantaged spouse continues to cohabit after the issue is discovered and effectively forgives or accepts it, the grounds for annulment may be lost.
- Timing: Often, an annulment action must start within 60 days if the basis involves intoxication or similar short-term conditions.
Effects of an Annulment
- The marriage is treated as though it never happened.
- Any children born during the marriage remain legitimate.
- Child support may still be awarded.
- Property is handled as if no marital estate existed.
If a previously valid marriage was not correctly dissolved, but that obstacle is later removed (e.g., via divorce, annulment, or the prior spouse’s death), and the parties entered the subsequent marriage in good faith, then that marriage can become valid from the date the impediment disappeared—provided they continue to cohabit.
This process is designed to protect a spouse who unknowingly married someone with a still-existing marriage. If they wish to remain together after resolving that issue, their marriage can proceed as valid.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet brings extensive experience to each stage of the divorce process, handling both straightforward and complex matters, including spousal support, child support, and custody. His in-depth knowledge and commitment to clients enable him to pursue the best possible outcomes. To learn more about your legal rights, visit www.lawyersfordivorces.net or call for a free consultation. He is a respected attorney with many years of experience in both Family Law and Criminal Law, providing capable litigation representation.
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