Annulment in Pennsylvania

  1. Definition: An annulment in Pennsylvania invalidates a marriage, declaring it as though it never existed, unlike a divorce, which ends a valid marriage.
  2. Availability: Annulments are applicable to marriages that are either void or voidable.
  3. Key Considerations: When assessing whether a marriage may qualify for annulment, factors like the length of the marriage and the presence of children are important. If the marriage is longer or if children are involved, divorce proceedings are typically required instead of annulment.
  4. Legal Rights: In annulments, the parties involved have similar legal rights to those in divorce cases, including the ability to request equitable distribution of property, alimony, child support, custody, attorney’s fees, and other associated costs.

Void Marriage:

  1. Definition: A void marriage is treated as never having occurred. It does not need to be legally dissolved. Examples of void marriages include:
    • One party being married to someone else at the time.
    • Marriages between close family members.
    • A marriage entered into by a mentally incapacitated individual.
    • A marriage underage (under 18).
    • Same-sex marriages (under the law in some past jurisdictions).
  2. Legal Actions: Void marriages can be challenged by either party or a third party. For example, a parent or guardian can seek an annulment if a minor enters into a marriage.
  3. Impact of Cohabitation: If a marriage is void, simply living together after removing the impediment does not validate the marriage, except in cases of bigamy when the couple has acted in good faith.

Voidable Marriage:

A voidable marriage is considered valid until one party seeks annulment. A court order is needed to dissolve the marriage.

  1. Examples of Voidable Marriages:
    • Intoxication: If a person is intoxicated during the ceremony and wakes up unaware of the marriage.
    • Mental Disability: If one party was mentally disabled during the ceremony.
    • Impotence: If one party is incurably impotent.
    • Underage: If one party is too young.
    • Fraud: If one party was deceived into marriage.
    • Mistake: If there was a misunderstanding about the nature of the ceremony.
    • Pregnancy by Another: If the wife is pregnant by another man without the husband’s knowledge.
    • Duress: If one party was forced into the marriage.
  2. Annulment Criteria: A voidable marriage can be annulled if the annulment action is filed within 60 days of the marriage ceremony.

Effect of Annulment:

  1. The marriage is considered to never have existed.
  2. Any children from the marriage remain legitimate.
  3. Child support may be awarded.
  4. Property is not considered marital property.

In Pennsylvania, if one party was previously in a valid marriage that was not properly dissolved, and the impediment is removed (e.g., the former marriage is annulled or the spouse dies), the subsequent marriage may be recognized as valid if entered into in good faith. The couple must act in good faith, believing the previous marriage was dissolved or the spouse was deceased.

Purpose of Annulment:

The primary goal of an annulment is to protect the innocent spouse, who may have entered into the marriage unknowingly with a partner who had not properly ended a prior marriage. If both parties wish to continue the relationship and the issue with the previous marriage can be rectified, the marriage can be continued as valid.

Divorce Lawyer R. Badet is a skilled attorney specializing in divorce and family law. He helps clients navigate all stages of the divorce process, including complex issues such as spousal support, child support, and custody. For more information about your rights and options, visit www.lawyersfordivorces.net or schedule a free consultation. He has years of experience representing clients in both family law and criminal matters.