- Definition:
An annulment renders a marriage null and void, as if it never existed, whereas a divorce ends a valid marriage. - Eligibility:
Annulments apply to marriages that are legally void or voidable. - Key Considerations for Annulment:
When considering an annulment, factors such as the marriage’s duration and whether there are children involved are important. In cases where the marriage lasted longer or involves children, divorce is typically the more appropriate course of action instead of an annulment. - Legal Rights in Annulment:
The parties involved in an annulment have the same rights as those in a divorce regarding equitable property division, alimony, child support, custody, attorney fees, and other related costs.
Void Marriages:
- Definition:
A void marriage is considered invalid from the outset and does not require judicial dissolution. Examples include:- A marriage where one spouse was already married.
- A marriage between close relatives.
- A marriage entered into while one spouse was mentally incapacitated.
- A marriage that took place when one party was underage.
- A same-sex marriage that occurred before same-sex marriage was legalized.
- Legal Action:
Void marriages can be challenged by either party or a third party. For instance, a guardian of a minor in a common-law marriage may seek to have the marriage declared void before the minor turns 18. - Post-impediment Cohabitation:
Even if the obstacle to a void marriage is removed, cohabiting after the fact does not make the marriage valid, except in the case of bigamy if there’s a showing of good faith.
Voidable Marriages:
- Definition:
A voidable marriage is valid until one party petitions for annulment. A judicial decree is needed to dissolve it. - Grounds for Annulment:
A voidable marriage can only be challenged by a party to the marriage and includes situations like:- Intoxication during the ceremony.
- Mental disability at the time of marriage.
- Impotence.
- Underage marriage.
- Fraud, coercion, or duress used to induce marriage.
- Mistake about the nature of the ceremony.
- If one spouse becomes pregnant by another man without the husband’s knowledge.
- Example:
For instance, if a couple gets drunk and marries without fully understanding it, the marriage is voidable and can be annulled if an action is filed within 60 days of the marriage.
Effects of Annulment:
- Marriage Status:
The marriage is nullified as though it never existed. - Children:
Children from the marriage remain legitimate, and child support may be awarded. - Property:
The property is treated as if no marriage occurred, meaning there is no marital property to divide. - Restoration of Marriage:
In cases where a valid prior marriage was improperly terminated (e.g., through an annulment or divorce), the parties can be considered legally married if they continue living together, assuming they entered the subsequent marriage in good faith.
Purpose of Annulment:
Annulment protects the innocent spouse who may have entered the marriage unaware of a prior existing marriage. If the situation can be rectified, the couple may continue as a validly married couple.
Divorce Lawyer R. Badet
Attorney R. Badet is a skilled divorce lawyer, helping clients navigate both simple and complex divorce cases, including spousal support, child custody, and child support. With years of experience, he provides expert legal guidance to achieve the best outcomes for his clients. Visit his website for more information and to schedule a free consultation.