- What is Annulment? An annulment in Pennsylvania declares a marriage as invalid, treating it as though it never existed, unlike divorce, which terminates a valid marriage.
- Types of Marriages Eligible for Annulment: Annulments can apply to marriages that are either legally void or voidable.
- Qualifying Factors for Annulment: When considering annulment, the length of the marriage and whether there are children involved are key factors. If the marriage is long-term and children are present, divorce is generally the required legal path.
- Equitable Distribution in Annulments: Similar to divorce, annulment proceedings allow the parties to seek equitable distribution of property, alimony, child support, custody, attorney fees, and other associated costs.
Void Marriages:
- What is a Void Marriage? A void marriage is treated as if it never occurred and doesn’t require judicial dissolution. Reasons for a marriage to be void include:
- One party was already married at the time of the marriage (bigamy).
- The couple is closely related by blood or marriage.
- One party was mentally incapacitated at the time of the marriage.
- The marriage was between same-sex individuals (if not legally recognized).
- One party was under 18 when entering into a marriage.
- Who Can Challenge a Void Marriage? A void marriage can be challenged by either party involved or a third party. For example, a guardian may seek to annul a marriage if a minor entered into a common-law marriage.
- Effect of Cohabitation After the Impediment is Removed: If the reason for a void marriage is corrected, continued cohabitation will not validate the marriage, except in cases of bigamy where both parties acted in good faith.
Voidable Marriages:
- What is a Voidable Marriage? A voidable marriage is initially valid until one party seeks an annulment. This type of marriage requires a court order to dissolve it. Only the parties involved in the marriage can challenge its validity.
- Grounds for a Voidable Marriage: Several reasons can make a marriage voidable, such as:
- Intoxication at the time of the ceremony.
- Mental incapacity of one party.
- Impotency of one spouse.
- One spouse being underage.
- Fraud or misrepresentation.
- Mistake about the nature of the ceremony.
- The wife becoming pregnant by another man without the husband’s knowledge.
- Duress or coercion during the marriage.
- Annulment Timeframe: A voidable marriage can be annulled if an annulment action is filed within 60 days of the ceremony.
Effects of an Annulment:
- Marriage is Void: The marriage is treated as if it never existed, and there is no marital property division.
- Children’s Legitimacy: Children from an annulled marriage are still considered legitimate.
- Child Support: Child support can still be awarded after an annulment.
- Property Division: Since the marriage is deemed nonexistent, property division is not applicable. There is no marital property to divide.
Annulment After a Prior Marriage: If a person is found to have been in a valid marriage that was not properly terminated, and the impediment is resolved (such as the prior marriage being annulled or the spouse dying), then the parties may be considered legally married if they continue to live together. This applies if one or both spouses entered the subsequent marriage in good faith, believing the previous marriage was terminated or the spouse was deceased.
The purpose of an annulment is to protect an innocent spouse who may have unknowingly entered a marriage that was invalid due to circumstances like bigamy or a prior marriage that was not properly dissolved. If both spouses wish to continue the relationship, they may do so once the impediment is corrected.
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