An annulment legally voids a marriage, treating it as if it never existed, unlike a divorce, which dissolves a valid marriage.
- When Annulments Apply:
Annulments are granted for defective marriages that are legally void or voidable. Key factors include the length of the marriage and whether there are children involved.- Long-term marriages with children typically require divorce proceedings instead of annulments.
- Rights and Equitable Distribution:
Parties involved in an annulment are entitled to the same considerations as in divorce cases, including equitable distribution of property, alimony, child support, custody, and attorney fees.
Types of Marriages Subject to Annulment
Void Marriages
Void marriages are treated as if they never occurred and do not require judicial dissolution.
Examples:
- One party was already legally married.
- The marriage involved close family relations.
- Mental incapacity at the time of marriage.
- Underage marriages (under 18).
Key Points:
- Void marriages can be challenged by either party or even a third party.
- Continued cohabitation after resolving an impediment (e.g., bigamy) does not validate the marriage.
Voidable Marriages
Voidable marriages are considered valid until one party seeks an annulment through the court.
Examples:
- Intoxication at the time of marriage.
- Mental incapacity or disability.
- Fraud or duress in obtaining consent to marry.
- Mistaken belief about the legitimacy of the marriage ceremony.
- Concealed pregnancy by another individual.
Key Points:
- Voidable marriages must be annulled within a specific timeframe, often 60 days from the marriage date.
- Continued cohabitation after removing the grounds for annulment may validate the marriage.
Effects of an Annulment
- The marriage is nullified as if it never occurred.
- Children remain legitimate and can receive child support.
- Property division is treated as though there was no marital property.
Unique Circumstances
If a prior marriage was not legally terminated but the impediment is later removed (e.g., divorce or annulment of the prior marriage), the subsequent marriage may become valid if both parties continue living together in good faith.
Purpose of Annulment
Annulments protect the innocent spouse who unknowingly entered a marriage under false pretenses, such as a prior unended marriage. If the situation is remedied, the couple can continue in a valid marriage.
About Divorce Lawyer R. Badet
R. Badet is a dedicated and skilled divorce lawyer with expertise in handling annulments, divorces, spousal support, child custody, and child support cases. His extensive experience ensures the best possible outcomes for his clients.
Visit www.lawyersfordivorces.net or call for a free consultation to learn more about your rights and legal options.
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