Annulment in Pennsylvania

An annulment legally invalidates a marriage, treating it as though it never occurred. Unlike divorce, which dissolves a valid marriage, annulments apply only to unions that are legally void or voidable.

Determining Eligibility for Annulment

The length of the marriage and the presence of children play a significant role in determining whether annulment is an option.
If the marriage has lasted a long time or there are children involved, divorce may be necessary instead of annulment.
Parties involved in an annulment case have similar legal rights as those going through a divorce, including property division, alimony, child custody, child support, and attorney fees.

Types of Invalid Marriages

Void Marriages

A void marriage is legally considered never to have existed and does not require court action to dissolve.
Common reasons a marriage may be void include:

Bigamy – One spouse was already legally married at the time of the subsequent marriage.
Incest – The spouses are closely related.
Mental Incapacity – One party was mentally incompetent at the time of marriage.
Underage Marriage – A common-law marriage entered into by someone under 18 is automatically void.

Void marriages can be contested by either spouse or a third party, such as a parent or guardian of a minor.
Continued cohabitation does not validate a void marriage, except in cases where bigamy was involved, and one party acted in good faith.

Voidable Marriages

A voidable marriage is considered legally valid unless one party seeks an annulment. A court decree is required to dissolve it.

Only a party to the marriage can challenge a voidable marriage, not a third party.
Common grounds for voidable marriages include:
1. Intoxication – If the marriage occurred while one or both parties were under the influence of alcohol or drugs.
2. Mental Disability – If one spouse was mentally incapacitated at the time of marriage.
3. Impotency – If one party is incurably impotent.
4. Underage Marriage – If one spouse was too young to marry.
5. Fraud or Duress – If marriage was entered into under false pretenses, coercion, or force.
6. Mistaken Identity or Invalid Ceremony – If one spouse was misled about the identity of the other or if the officiant lacked legal authority.
7. Infidelity Before Marriage – If the wife was pregnant by another man at the time of marriage without the husband’s knowledge.
If spouses continue to live together after discovering fraud or coercion, the marriage remains valid.
A voidable marriage must be annulled within 60 days of the marriage ceremony.

Effects of an Annulment

Once a marriage is annulled:

It is legally treated as though it never existed.
Any children from the marriage remain legitimate.
Courts may grant child support if necessary.
No marital property exists, so assets are not subject to division as they would be in a divorce.

Special Considerations in Pennsylvania

If a person unknowingly enters a marriage with someone still legally married, but the first marriage is later dissolved, the second marriage may become valid if the couple continues to live together in good faith.
Annulments serve to protect innocent spouses who entered the marriage without knowledge of the legal defect.

Legal Representation for Annulments & Divorce

Attorney R. Badet is an experienced family law attorney who assists clients with annulments, divorce, spousal support, child custody, and child support matters. Whether handling simple or complex cases, he works to secure the best possible outcome for his clients.

For legal assistance, visit www.lawyersfordivorces.net or schedule a free consultation today.