Annulment in Pennsylvania

  1. Definition of Annulment:
    An annulment invalidates a marriage, declaring it as though it never existed, unlike a divorce which ends a legally valid marriage.
  2. Eligibility for Annulment:
    Annulments apply to marriages that are either void or voidable under Pennsylvania law.
  3. Key Factors for Annulment:
    The potential for an annulment is often influenced by the length of the marriage and whether children are involved. Longer marriages with children usually require a divorce instead of an annulment.
  4. Similarities with Divorce:
    Those seeking an annulment can request the same remedies as in a divorce, such as equitable property distribution, alimony, child support, custody, and attorney fees. These legal protections are available to both parties.

Void Marriages:

  1. What Constitutes a Void Marriage:
    A void marriage is treated as though it never happened and does not need a legal dissolution. Examples of void marriages include:
    • One spouse was already married to someone else.
    • The parties are closely related.
    • One party was mentally incapacitated at the time of the marriage.
    • A marriage involving minors under the age of 18.
    • Same-sex marriages are void if they were not legally recognized at the time.
  2. Challenging a Void Marriage:
    A void marriage can be contested by either party or a third party, such as a guardian of a minor involved in a marriage. For example, a parent may seek to invalidate a common-law marriage if it involves a minor.
  3. Effect of Cohabitation After Voiding a Marriage:
    Cohabiting after the marriage becomes void does not remedy the situation unless it involves bigamy and the parties acted in good faith.

Voidable Marriages:

A voidable marriage remains legally valid unless annulled by one of the parties. Only the involved parties can challenge a voidable marriage.

Examples of Voidable Marriages:

  • If one party was intoxicated during the marriage ceremony.
  • If a party had a mental disability at the time.
  • If one party is impotent.
  • If one party was underage.
  • Fraud or coercion was involved in entering the marriage.
  • The ceremony was misunderstood or incorrectly performed (e.g., performed by someone without certification).
  • If one spouse becomes pregnant by another person, unbeknownst to the other spouse.

For instance, if a couple gets married in Las Vegas while intoxicated and later regrets it, the marriage can be annulled if the annulment request is made within 60 days.

Effect of Annulment:

  1. Marriage Void:
    An annulment sets aside the marriage, as if it never existed.
  2. Children:
    Children born from the marriage remain legitimate, and child support may still be awarded.
  3. Property:
    There will be no marital property, as the marriage is treated as though it never occurred.
  4. Validating a Marriage Post-Annulment:
    In cases of prior valid marriages that were not properly terminated, if the impediment (e.g., an annulled or divorced previous marriage) is removed, the parties can continue their new marriage as valid, assuming they acted in good faith.

Purpose of Annulment:
Annulments aim to protect the innocent party in situations where they were unaware of impediments such as a prior unannulled marriage. If the couple wants to stay together, an annulment offers an opportunity to resolve the issues and continue their marriage validly.

Divorce Lawyer R. Badet
R. Badet is an experienced divorce attorney dedicated to supporting clients throughout the divorce process. His expertise spans both simple and complex divorce cases, as well as spousal support, child custody, and child support matters. For further information and a free consultation, visit www.lawyersfordivorces.net. He is a respected litigation attorney specializing in Family Law and Criminal Law.

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