- An annulment declares a marriage as invalid, essentially treating it as though it never existed, unlike a divorce, which ends a valid marriage.
- Annulments apply to marriages that are legally void or voidable.
- The key factors to consider when determining if a marriage may be eligible for annulment include the length of the marriage and whether there are children involved. If the marriage has lasted a long time and there are children, a divorce is likely required rather than an annulment.
- Parties seeking an annulment have the same rights as those going through a divorce regarding equitable property distribution, alimony, child support, custody, attorney fees, and other related costs. These are generally available in both cases.
Void Marriage:
- A void marriage is considered nonexistent and doesn’t need a formal dissolution. For instance, if either spouse was previously married, the subsequent marriage is void; marriages between close relatives are void; a marriage entered into while one party was mentally incapacitated is void; same-sex marriages were historically void before legalization; and a marriage involving someone under 18 is void.
- A void marriage can be contested by one of the parties or by a third party. For example, a parent or guardian of a minor can seek to have a marriage declared void before the minor reaches 18.
- A void marriage cannot be legitimized by continued cohabitation after the obstacle (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, at which point a court must issue a decree to end the marriage.
A voidable marriage can only be challenged by one of the parties involved.
Examples of grounds for a voidable marriage include:
- Intoxication (e.g., if the parties were drunk during the ceremony and didn’t realize they were married until after).
- Mental disability at the time of the ceremony.
- Impotency (if one party is incurably impotent).
- Being underage.
- Fraud (e.g., if one party was coerced or deceived into marriage).
- Mistake about the nature of the ceremony (e.g., if the ceremony was not legally performed).
- If the wife became pregnant by another man without the husband’s knowledge.
- Fraud or duress (unless the parties reconcile and continue living together).
If the marriage is voidable, it can be annulled if a legal action is initiated within 60 days of the marriage.
Effect of an Annulment:
- The marriage is legally nullified, as if it never existed.
- Children born of the marriage are still considered legitimate.
- Child support can be ordered.
- Property is treated as if there was no marriage, meaning there is no marital property.
In Pennsylvania, if a marriage follows an earlier valid marriage that wasn’t properly dissolved, and the original impediment (such as annulment, divorce, or death of the spouse) is removed, the parties may be considered legally married if they continue living together and had entered the subsequent marriage in good faith, believing the prior marriage was ended.
The purpose of an annulment is to protect an innocent spouse who may have unknowingly entered a marriage where the other party had an undissolved prior marriage. If the couple wishes to stay together and the previous marriage can be rectified, the new marriage can continue as valid.
Divorce Lawyer R. Badet is an experienced attorney specializing in divorce, spousal support, child custody, and other related family law matters. He is committed to helping clients at all stages of the divorce process and ensuring the best possible outcome. Visit his website to learn more about your legal rights and options or call for a free consultation. He is highly respected with years of experience handling both family law and criminal law cases.