- An annulment treats a marriage as though it was never valid, unlike a divorce, which ends a legitimate marriage.
- Annulments can be pursued when a marriage is legally void or considered voidable.
- Key factors in determining eligibility for annulment include the duration of the marriage and whether the couple has children.
- If the marriage has lasted a long time or there are children involved, divorce is usually the necessary course of action.
- In an annulment, both spouses still have the same right to request equitable distribution of property, alimony, child support, custody, attorney fees, and other costs as they would in a divorce.
Void Marriages
- A void marriage is treated as if it never occurred and does not require a court order to dissolve.
- Examples include:
- A spouse who is already legally married to someone else.
- Marriage between close relatives.
- One spouse being mentally incapable of consenting at the time of the ceremony.
- Certain instances of same-sex marriage deemed void by law.
- Entering a common-law marriage under the age of 18.
- Void marriages may be challenged by a spouse or by a third party, such as a parent or guardian.
- Generally, a void marriage remains invalid even if the impediment is removed later, with some exceptions in bigamy cases where one spouse acted in good faith.
Voidable Marriages
- A voidable marriage is considered valid unless and until one spouse requests an annulment from the court.
- Only a party to the marriage (or someone acting on their behalf) can challenge it.
- Reasons for declaring a marriage voidable include:
- Intoxication at the time of marriage.
- Mental incompetence.
- Impotence (incurable).
- One spouse being under the minimum legal age.
- Fraud, duress, coercion, or force leading to the marriage.
- Mistake about the nature of the ceremony itself.
- The wife being pregnant by another man without the husband’s knowledge.
- If both spouses continue living together after the problem (fraud or duress) is resolved, they may lose the option of annulment.
- For example, a couple who marries while intoxicated may seek an annulment if they file within 60 days of the ceremony.
Effects of an Annulment
- The marriage is nullified, as if it never existed.
- Any children from the relationship remain legitimate.
- Child support can still be granted.
- There is no “marital property” to divide because, legally, the marriage did not exist.
In Pennsylvania, if one spouse had a prior valid marriage that was not properly ended, and that barrier is later removed (for example, through annulment, divorce, or the death of the other spouse), the current marriage can become valid going forward if both spouses wish to remain married. This policy helps protect a spouse who was unaware of a pre-existing marriage; if they genuinely believed the earlier marriage had ended or never existed, and they continue living with their current spouse after the old marriage is resolved, their marriage can become legally recognized at that point.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a knowledgeable attorney who assists clients through each phase of the divorce process. His practice encompasses straightforward and complex divorces, spousal support, child support, and child custody. He has extensive experience and works diligently to achieve the best results for every client. Visit www.lawyersfordivorces.net or call for a free consultation to learn more about your legal rights and options. He is well-regarded for years of experience in both Family Law and Criminal Law matters.
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