- Definition of Annulment: An annulment invalidates a marriage, declaring it as though it never existed, unlike a divorce, which ends a valid marriage.
- Eligibility for Annulment: Annulments are available for marriages that are either legally void or voidable.
- Criteria for Annulment: Factors such as the length of the marriage and whether children are involved are considered when determining if a marriage qualifies for annulment. If the marriage is of longer duration and there are children, divorce is likely necessary instead of annulment.
- Property and Support in Annulments: Those seeking an annulment are entitled to the same considerations as divorcees regarding property distribution, alimony, child support, custody, attorney fees, and other associated costs.
Void Marriage:
- Definition of a Void Marriage: A void marriage is considered to never have existed. It does not require a formal judicial dissolution. Examples of void marriages include:
- Marriages where one party was already legally married.
- Marriages between close relatives.
- Marriages where one party was mentally incapacitated.
- Same-sex marriages (depending on the time period).
- Marriages where one party was under 18.
- Challenging a Void Marriage: A void marriage can be contested by either party or a third party. For example, a parent or guardian can challenge a minor’s marriage before they turn 18.
- Cohabitation After Removal of Impediment: A void marriage cannot be validated by continued cohabitation after the issue (e.g., bigamy) is resolved, except in cases where there is a showing of good faith.
Voidable Marriage:
A voidable marriage remains valid until one party seeks an annulment. A judicial decree is required to dissolve it.
- Examples of Voidable Marriages:
- Intoxication at the time of the ceremony.
- Mental disability.
- Impotency.
- Age below the legal threshold for marriage.
- Fraud or duress.
- Mistakes regarding the nature of the ceremony.
- Adultery or pregnancy by another man.
- Fraud or duress, unless the couple reconciles after the fraud or duress is resolved.
- Intoxication: If either party was intoxicated during the ceremony and unaware of their marriage, it may be voidable.
- Mental Disability: If one party lacked the mental capacity at the time of marriage, it can be voidable.
- Impotency: If one party is permanently impotent, the marriage is voidable.
- Fraud or Mistake: Fraud, coercion, or a misunderstanding about the ceremony can render a marriage voidable.
- Adultery or Pregnancy by Another Man: If the wife becomes pregnant by another man without the husband’s knowledge, the marriage is voidable.
- Cohabitation After Fraud or Duress: If the couple continues to live together after fraud or duress is removed, the annulment may be denied unless the marriage continues in good faith.
Effect of an Annulment:
- Marriage Considered Void: The marriage is treated as if it never happened.
- Legitimacy of Children: Children born of the annulled marriage remain legitimate.
- Child Support: Child support may still be awarded following an annulment.
- Property Considerations: There will be no marital property as if the marriage never existed.
- Validating Subsequent Marriages: In Pennsylvania, if a prior valid marriage was not properly ended, and an impediment is removed (such as through annulment, divorce, or death), the parties will be legally married moving forward, assuming they acted in good faith.
Purpose of Annulment: The goal of annulment is to protect the innocent spouse who unknowingly entered into a marriage that was invalid. If both parties wish to remain together, and the issue causing the annulment (such as a previous undissolved marriage) is addressed, the marriage can become valid.
Divorce Lawyer R. Badet is an experienced divorce attorney committed to assisting clients through every step of the divorce process. His expertise covers both simple and complex divorce cases, including spousal support, child custody, and child support. He is a knowledgeable attorney with the experience necessary to help secure the best outcomes for his clients. For more information, visit www.lawyersfordivorces.net or schedule a free consultation. He is a respected lawyer with many years of experience in both family law and criminal law matters.
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