- Annulment invalidates a marriage, declaring it as though it never existed, unlike a divorce, which ends a valid marriage.
- Annulments are possible for marriages that are either legally void or voidable.
- To determine if a marriage is eligible for annulment, factors such as the marriage’s duration and the absence of children are considered.
If the marriage has lasted a longer time and there are children involved, it is typically necessary to proceed with a divorce, not an annulment.
- Annulment proceedings allow the same rights as divorce in terms of property distribution, alimony, child support, custody, and attorney fees.
Void Marriage
- A void marriage is treated as if it never occurred and doesn’t require legal dissolution. Examples include:
- One party was already legally married.
- The marriage occurred between close relatives.
- One party was mentally incapacitated during the marriage.
- A same-sex marriage.
- A marriage where one party was under 18 at the time.
- Void marriages can be challenged by either party or a third party. For instance, in Pennsylvania, a guardian can challenge a marriage entered into by a minor before they turn 18.
- A void marriage cannot be validated by continued cohabitation unless it involves bigamy with evidence of good faith.
Voidable Marriage
A voidable marriage is valid until one of the parties seeks an annulment, requiring a judicial decree to dissolve the marriage.
Voidable marriages can only be contested by a party to the marriage. Examples include:
- Intoxication: If either party was intoxicated during the ceremony and unaware of the marriage, it is voidable.
- Mental disability: A party was mentally disabled during the marriage ceremony.
- Impotence: If one party is incurably impotent.
- Underage: If one party was too young to marry.
- Fraud: If one party was induced to marry through fraud, coercion, or force.
- Mistake: If the parties misunderstood the nature of the ceremony (e.g., believing it was a legitimate ceremony performed by an uncertified officiant).
- Pregnancy: If the wife is pregnant by another man without the husband’s knowledge.
- Fraud or duress: If the marriage occurred under fraudulent or coercive conditions but the parties continue living together after the situation is resolved, the marriage may be considered valid.
For a voidable marriage, annulment is possible if an annulment action is filed within 60 days of the ceremony.
Effects of an Annulment
- The marriage is treated as never having existed.
- Children from the marriage remain legitimate.
- Child support can still be awarded.
- Property will be treated as if no marriage occurred, meaning there is no marital property.
In Pennsylvania, if one party was previously in a valid marriage that was not properly ended, once the obstacle (e.g., divorce, annulment, or death of the former spouse) is removed, the parties can be considered legally married from that point forward, provided they continue living together in good faith.
The purpose of annulment is to protect the innocent spouse who unknowingly married someone with unresolved prior commitments. If the couple wishes to remain together and the prior marriage can be addressed, the marriage may continue as valid.
Divorce Lawyer R. Badet is an experienced attorney dedicated to assisting clients through all stages of the divorce process. His practice includes simple and complex divorces, spousal support, child support, and custody matters. Divorce Lawyer R. Badet has the expertise to secure the best possible outcome for your case. Visit his website at www.lawyersfordivorces.net for more information or call for a free consultation. With years of experience, he is a trusted attorney specializing in both Family Law and Criminal Law.
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