An annulment in Pennsylvania voids a marriage, declaring it as never having been valid, which differs from a divorce that ends a legally valid marriage. Annulments apply to marriages that are legally void or voidable.
To determine if a marriage may be annulled, consider factors like the marriage’s length and whether children are involved. If the marriage is longer and there are children, a divorce will likely be necessary instead of an annulment.
While the process may differ, those seeking an annulment have similar rights as those seeking a divorce, including the possibility of property division, alimony, child support, custody, attorney fees, and other related expenses.
Void Marriage:
A void marriage is regarded as never existing and does not require judicial dissolution. Common examples include:
- A party was already married.
- A marriage occurred between close family members.
- A party was mentally incapacitated at the time of the marriage.
- Same-sex marriages were once considered void.
- A party was under 18 when entering into a common-law marriage.
Void marriages can be challenged by either spouse or a third party. For instance, a parent or guardian can petition to annul a marriage involving a minor before they turn 18. Once the impediment is removed, a void marriage cannot be legitimized by continued cohabitation, except in cases of bigamy where good faith is proven.
Voidable Marriage:
A voidable marriage is valid unless one party seeks an annulment. It requires a court decree to dissolve. Only one of the parties involved can challenge a voidable marriage.
Examples of voidable marriages include:
- Intoxication at the time of the ceremony.
- Mental disability.
- Impotence.
- Not meeting the legal age for marriage.
- Fraud, duress, or coercion.
- Mistake regarding the nature of the ceremony.
- Pregnancy by another man without the husband’s knowledge.
For example, if a couple gets drunk and unknowingly gets married, they can annul the marriage if the annulment petition is filed within 60 days of the ceremony. A marriage can be annulled within this window if it is voidable.
Effect of an Annulment:
- The marriage is nullified, as if it never occurred.
- Children from the marriage remain legitimate.
- Child support may be ordered.
- Property division does not apply, as no marital property is considered.
In cases where a marriage was previously valid but improperly terminated (e.g., due to a prior unannulled or unended marriage), once the impediment is removed (via annulment, divorce, or death of the other spouse), the parties may be considered legally married if they continue to live together in good faith.
The main goal of an annulment is to protect the innocent spouse who unknowingly entered into a marriage that wasn’t legally valid. If the couple wishes to stay together after the annulment, and the former marriage issue can be addressed, the relationship can continue as a valid marriage.
Divorce Lawyer R. Badet is an experienced family law attorney who offers guidance throughout the divorce and annulment processes. With expertise in spousal support, child support, and custody issues, he is dedicated to securing the best outcomes for his clients. For more information or a free consultation, visit www.lawyersfordivorces.net.
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