- Annulment Overview
An annulment renders a marriage null and void, as though it never existed, unlike divorce, which terminates a valid marriage. - Conditions for Annulment
Annulments can be granted for marriages that are legally void or voidable, depending on the circumstances. - Qualifying for Annulment
To determine if a marriage may qualify for annulment, two main factors are considered: the duration of the marriage and the presence of children. If the marriage has lasted a long time and there are children, divorce is typically necessary rather than annulment. - Similarities to Divorce
In annulment cases, parties can seek similar relief as in divorce proceedings, including equitable distribution of property, alimony, child support, custody, and attorney fees.
Void Marriages
A void marriage is automatically considered invalid and does not require a legal dissolution. Examples include:
- One party was already legally married to someone else.
- The marriage involved close family members.
- One party was mentally incapacitated at the time of the marriage.
- The marriage was entered into by a person under the legal age of 18.
- Challenges: Void marriages can be contested by either party or a third party, such as a parent or guardian of a minor who seeks a declaration that a marriage is void before the minor turns 18.
- Impact of Cohabitation: A void marriage cannot be validated by continued cohabitation after the issue causing the invalidity is resolved, except in the case of bigamy, where good faith is shown.
Voidable Marriages
A voidable marriage is legally valid until one party seeks an annulment, which requires a court decree to dissolve the marriage. Only a party to the marriage can challenge its validity. Examples of voidable marriages include:
- Intoxication: If either party was intoxicated during the marriage ceremony.
- Mental Disability: If one party lacked mental capacity at the time of the ceremony.
- Impotence: If one party is incurably impotent.
- Age: If one party was under the legal marriage age.
- Fraud: If one party was misled into the marriage.
- Mistake: If one party was misinformed about the nature of the marriage ceremony.
- Pregnancy by Another: If the wife is pregnant by another man without the husband’s knowledge.
- Duress: If the marriage was entered into under coercion.
A marriage can be annulled if it is voidable and an annulment action is filed within 60 days of the marriage.
Effect of Annulment
The annulment process has the following effects:
- The marriage is treated as though it never existed.
- Children from the marriage remain legitimate.
- Child support obligations may be established.
- Property division is treated as if no marriage occurred, so there is no marital property to divide.
In cases where a prior valid marriage was not properly terminated, and the impediment is removed (such as through annulment or divorce), the couple may be considered legally married from that point forward if they continue to live together in good faith.
The purpose of annulment is to protect the innocent party who unknowingly entered into a marriage that was legally invalid, ensuring that the person can either legally stay married or proceed with an annulment if they wish.
Divorce Lawyer R. Badet
Attorney R. Badet specializes in handling divorce cases, from simple to complex situations. His practice covers spousal support, child custody, and child support. With extensive experience in both family and criminal law, he is committed to achieving the best possible results for his clients. For more information or to schedule a free consultation, visit his website: www.lawyersfordivorces.net.
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