- Definition of Annulment
An annulment is a legal process that declares a marriage invalid, as though it never existed, in contrast to a divorce, which ends a valid marriage. - Eligibility for Annulment
Annulments are possible for marriages that are either void or voidable under the law. - Criteria for Annulment
To determine if a marriage can be annulled, factors like the length of the marriage and whether there are children are key. If the marriage is long-term and has children, a divorce may be required instead. - Similarities to Divorce
The parties in an annulment case have the same rights as those in a divorce, including the ability to seek equitable distribution of property, alimony, child support, custody, attorney’s fees, and other associated costs.
Void Marriage
- Definition of Void Marriage
A void marriage is considered nonexistent and does not require legal dissolution. It applies in situations like:- One party was already married.
- The couple is closely related.
- One spouse was mentally incapacitated during the marriage.
- The marriage involved someone under the legal age of 18.
- Same-sex marriages (depending on legal rulings).
- Annulment of Void Marriages
Void marriages can be challenged by either party or by a third party (e.g., a parent or guardian of a minor). - Cohabitation After a Void Marriage
Continuing to live together after the impediment has been removed (like after bigamy) does not validate a void marriage unless done in good faith.
Voidable Marriage
A voidable marriage remains valid until one party seeks an annulment. A judicial decree is needed to dissolve the marriage.
- It can only be challenged by one of the spouses involved.
- Examples of voidable marriages include cases of intoxication, mental disability, fraud, coercion, and mistakes regarding the nature of the marriage ceremony.
Examples of voidable situations:
- If one party was drunk during the marriage ceremony, the marriage can be annulled.
- A party under mental disability at the time of the marriage can annul the union.
- If one party is impotent or underage, the marriage may also be annulled.
- Fraud, duress, or mistake in the ceremony can also make the marriage voidable.
If the marriage is voidable, it can be annulled if action is taken within 60 days of the ceremony.
Effect of an Annulment
- The marriage is nullified, as though it never existed.
- If there are children from the marriage, they remain legitimate.
- Child support can be ordered for the children.
- Property is treated as if the marriage never occurred, meaning there is no marital property.
Implications for Prior Valid Marriages
If a prior marriage was not properly dissolved, and the impediment is cleared (e.g., annulment, divorce, or death of the former spouse), the subsequent marriage may be legally valid if the parties were unaware of the prior marriage. The parties can continue living together as a legally valid couple if they entered the new marriage in good faith.
Purpose of Annulment
The goal of annulment is to protect the innocent spouse who may have unknowingly entered into a marriage that was invalid from the start. If the invalid marriage can be resolved, the couple can continue living together as a legitimate union.
Divorce Lawyer R. Badet
Attorney R. Badet specializes in divorce and family law, offering support throughout the entire divorce process. Whether simple or complex, his practice covers divorce, spousal support, child custody, and more. With years of experience, he is committed to achieving favorable outcomes for clients. Visit his website at www.lawyersfordivorces.net for more information and to schedule a free consultation. He represents clients in Family Law and Criminal Law matters.
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