- Definition of Annulment:
An annulment nullifies a marriage, declaring it as if it never occurred, unlike a divorce, which ends a valid marriage. - Types of Marriages Eligible for Annulment:
Annulments apply to marriages that are either void or voidable under the law. - Factors to Consider:
The possibility of annulment often depends on the length of the marriage and the presence of children. If the marriage lasted a long time or involved children, a divorce is usually necessary instead of an annulment. - Rights in an Annulment:
Similar to a divorce, parties to an annulment can seek equitable distribution of property, alimony, child support, custody, attorney fees, and other associated costs. These options are theoretically available in annulments.
Void Marriage:
- What is a Void Marriage?
A void marriage is considered non-existent and doesn’t need a court dissolution. Examples include:- One spouse had a valid prior marriage (making the second marriage void),
- Marriages between close relatives,
- Marriages where one party was mentally incapacitated,
- Same-sex marriages (in certain situations),
- Marriages where one spouse was under 18 at the time.
- Challenging a Void Marriage:
Void marriages can be contested by either party or a third party, such as a parent or guardian of a minor involved in a common-law marriage. - Implications of a Void Marriage:
A void marriage remains invalid even if the couple continues to live together after removing the impediment, except in cases of bigamy, where good faith may apply.
Voidable Marriage:
- What is a Voidable Marriage?
A voidable marriage is legally valid until one of the parties petitions for an annulment. A judicial decree is necessary to end it. - Challenging a Voidable Marriage:
Only the parties to a voidable marriage can challenge it. - Examples of Voidable Marriages:
Some conditions that could make a marriage voidable include:- Intoxication at the time of marriage,
- Mental disability of one party,
- Incurable impotence,
- One party not being of legal age,
- Fraud, coercion, or force during marriage,
- Mistake regarding the ceremony’s nature,
- A wife becoming pregnant by another man without the husband’s knowledge.
- Annulment of Voidable Marriages:
For a voidable marriage to be annulled, an annulment action must be initiated within 60 days of the marriage ceremony.
Effects of Annulment:
- Annulment Outcome:
- The marriage is considered as if it never occurred,
- Children from the marriage remain legitimate,
- Child support may be awarded,
- Property is not considered marital property, as the marriage is deemed void.
- Annulment in Cases of Prior Marriage:
In situations where a prior valid marriage wasn’t properly terminated, and the impediment is removed (e.g., through annulment or divorce), the subsequent marriage can be considered valid if the parties continue living together and did so in good faith. - Purpose of Annulment:
Annulment aims to protect the innocent spouse, especially if they were unaware of a prior unaddressed marriage. If both parties wish to continue their relationship after resolving the prior marriage issue, their marriage can be legally recognized.
Divorce Lawyer R. Badet is an experienced attorney who can assist clients at every stage of the divorce and annulment process. Whether it’s a simple or complex case involving spousal support, child support, custody, or property division, he has the experience to guide you to the best possible outcome. Visit his website to learn more about your legal rights and options, or call for a free consultation. R. Badet is a trusted litigation lawyer with extensive experience in both Family Law and Criminal Law.
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