- Definition of Annulment:
An annulment nullifies a marriage, declaring that it was never legally valid, unlike a divorce, which ends a valid marriage. - Grounds for Annulment:
Annulments are available for marriages that are either void or voidable due to legal defects. - Key Factors to Consider:
When assessing whether a marriage can be annulled, two main factors are important: the length of the marriage and whether children are involved. If the marriage is lengthy or children are present, a divorce is typically required instead of an annulment. - Equitable Distribution:
Parties seeking an annulment are entitled to the same legal rights as those going through a divorce, including equitable distribution of property, spousal support, child custody, child support, attorney fees, and related costs. All of these may be considered in annulment cases as well.
Void Marriage:
- Definition:
A void marriage is treated as though it never occurred and does not need to be formally dissolved. Examples of void marriages include:- A marriage where either party had a valid existing marriage.
- Marriages between close relatives.
- Marriages involving someone mentally incapacitated at the time.
- Same-sex marriages, in jurisdictions where they are not recognized.
- Marriages where one party was under 18 years old at the time of the ceremony.
- Challenging a Void Marriage:
Void marriages can be challenged by either spouse or a third party. For instance, a parent or guardian of a minor who entered into a common-law marriage may petition the court to have it declared void before the minor turns 18. - Effect of Continued Cohabitation:
Cohabitation after the removal of the legal barrier does not validate a void marriage, except in cases of bigamy where good faith is shown.
Voidable Marriage:
A voidable marriage remains valid until one of the parties seeks an annulment. The marriage is only dissolved through a judicial decree.
A voidable marriage can only be challenged by one of the spouses.
Examples of voidable marriages include:
- Intoxication: A marriage where one or both parties were intoxicated at the time of the ceremony.
- Mental Disability: A marriage involving someone who was mentally incapacitated at the time.
- Impotency: If one spouse is incurably impotent.
- Underage Marriage: When one spouse was underage.
- Fraud: When one spouse is tricked into marriage through deceit, duress, or coercion.
- Mistake About the Ceremony: If the parties were misled about the nature of the ceremony.
- Infidelity: If the wife becomes pregnant by another man without the husband’s knowledge.
- Fraud or Duress: A marriage entered into under false pretenses or coercion can be voidable unless the parties reconcile and continue living together after the situation is rectified.
In cases where a marriage is voidable, annulment can be pursued if an action is filed within 60 days of the marriage ceremony.
Effect of an Annulment:
- The marriage is annulled as if it never took place.
- Children from the marriage remain legitimate.
- Child support obligations can be established.
- Property is treated as if there was no marriage, meaning there will be no marital property division.
In Pennsylvania, if one of the parties was involved in a prior valid marriage that wasn’t properly terminated, and the legal barrier is removed (via annulment, divorce, or death of the prior spouse), the subsequent marriage is considered valid from that point forward, assuming the parties entered into the new marriage in good faith.
Purpose of Annulment:
The aim of an annulment is to protect the innocent spouse who entered into the marriage unaware of issues like an undissolved prior marriage. If both spouses wish to remain together, and the impediment to the marriage is resolved, the marriage can continue as a valid one.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a skilled and experienced attorney dedicated to supporting clients throughout the divorce process, handling everything from simple to complex cases, including spousal support, child support, and custody matters. With his extensive legal knowledge, he works hard to secure the best possible outcomes for his clients. To learn more about your rights and options, visit www.lawyersfordivorces.net or call for a free consultation. He is a well-respected attorney with years of experience, also representing clients in family and criminal law matters.