- An annulment nullifies a marriage, declaring that it was never legally valid, unlike a divorce which ends a legally valid marriage.
- Annulments are available for marriages that are either void or voidable due to legal defects.
- To determine if a marriage qualifies for annulment, factors such as the length of the marriage and whether children are involved should be considered. If the marriage is longer or there are children, a divorce is more likely required rather than annulment.
- Annulment proceedings allow the same legal remedies as divorce, including equitable distribution of property, alimony, child support, custody, attorney fees, and other costs.
Void Marriage:
- A void marriage is considered to have never existed and doesn’t need to be dissolved by the court. Examples of void marriages include:
- One or both parties were previously married and the earlier marriage was never dissolved.
- The marriage was between close family members.
- One party was mentally incapacitated during the marriage.
- A marriage between individuals of the same sex (prior to its legalization).
- One party was under 18 when entering into a common-law marriage.
- A void marriage can be challenged by either party or by a third party, such as a parent or guardian if a minor is involved.
- A void marriage cannot be made valid through continued cohabitation unless it involves bigamy with evidence of good faith.
Voidable Marriage:
A voidable marriage is initially valid but can be annulled if one of the parties seeks an annulment. The marriage remains legally binding until a judicial decision is made to dissolve it.
Voidable marriages can only be challenged by or on behalf of one of the parties. Examples of voidable marriages include:
- One party was intoxicated at the time of the ceremony.
- One party was mentally disabled during the marriage.
- One party was impotent.
- One party was under the legal age.
- The marriage was induced by fraud, coercion, or duress.
- There was a mistake regarding the nature of the ceremony.
- The wife became pregnant by another man without the husband’s knowledge.
For example, if a couple gets married while intoxicated and later realizes it was a mistake, they can seek an annulment if the action is initiated within 60 days.
Effect of an Annulment:
- An annulment treats the marriage as though it never occurred.
- Children from the marriage are still considered legitimate.
- Child support may still be ordered.
- Property division will be treated as if there was no marriage, meaning there will be no marital property to divide.
In cases where one marriage was valid but not properly ended, and a subsequent marriage was entered into in good faith, the couple can be considered legally married after the impediment is removed (e.g., the first marriage is annulled or dissolved).
Annulments are particularly intended to protect the innocent spouse who entered into the marriage unaware that the other party had an unresolved prior marriage. If both parties wish to continue their relationship, they can reconcile and continue the marriage after the previous legal issues are resolved.
Divorce Lawyer R. Badet is a dedicated attorney experienced in guiding clients through all stages of divorce, including complex cases, spousal support, child support, and custody. With the expertise needed to secure the best possible outcome, Divorce Lawyer R. Badet is a highly respected and seasoned attorney. Visit his website at www.lawyersfordivorces.net or call for a free consultation to learn more about your legal rights and options. He is also a skilled litigator in both Family Law and Criminal Law matters.