An annulment declares that a marriage was never valid, differing from a divorce that ends an existing and valid union. Annulments may apply to marriages considered legally void or voidable. One factor courts look at is whether the marriage was brief and whether there are no children; a longer marriage with children often requires divorce instead. Regardless, both parties in an annulment have the same rights to equitable property division, alimony, child support, custody, and attorney fees as in a divorce.
Void Marriages
A void marriage is treated as if it never happened and does not need a court order to end. Examples include:
- One spouse already having a valid, ongoing marriage.
- Marriage between closely related individuals.
- Marriage entered into while a party is mentally incapacitated.
- Same-sex marriages listed as void under older legal provisions (recognizing laws have evolved in many jurisdictions).
- One of the parties was under 18 when entering into a common-law marriage.
A void marriage can be challenged by either spouse or by a third party. For instance, a parent of a minor who entered into a common-law marriage can file a petition to void that marriage before the minor turns 18. Generally, continuing to live together after the original obstacle is removed does not fix a void marriage, except when bigamy was involved and a party entered the marriage in good faith.
Voidable Marriages
A voidable marriage is considered valid until one spouse formally seeks an annulment, which requires a judicial order. Only a spouse—or someone acting on their behalf—can challenge it. Situations that can make a marriage voidable include:
- Intoxication during the wedding ceremony.
- Mental disability at the time of the marriage.
- Incurable impotence of one spouse.
- One spouse being under the legal age.
- Fraud, duress, or coercion leading to the marriage.
- Mistake regarding the nature of the ceremony.
- The wife being pregnant by another man without the husband’s knowledge.
- Ongoing fraud or duress unless both spouses decide to remain together after the issue is resolved.
In such cases, the marriage is voidable, meaning it can be dissolved through an annulment if action is taken promptly—sometimes within 60 days of the ceremony.
Effects of an Annulment
- The marriage is treated as though it never existed.
- Any children from the relationship remain legitimate.
- Child support can be awarded.
- Property division proceeds as if no marriage had occurred, so there is effectively no marital property.
Special Circumstances Regarding Prior Valid Marriages
If a previous valid marriage was never correctly terminated, once that obstacle is resolved (for instance, through annulment or divorce, or if the former spouse passes away), the new marriage may be deemed valid from that point onward if:
- The couple continues to live together.
- At least one spouse entered the new marriage in good faith, believing the other marriage was ended, or was unaware of its existence.
This principle aims to protect the innocent spouse who did not know there was still an ongoing marriage. If the couple wants to remain together and the earlier marriage issue can be resolved, the subsequent union may become a valid marriage moving forward.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience guiding clients through each stage of the divorce process, handling both straightforward and complex cases of spousal support, child support, and custody. His in-depth knowledge equips him to seek the best possible outcome for your situation. For more information on legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation. He is a well-respected attorney with many years of experience, representing clients in both Family Law and Criminal Law matters.
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