An annulment declares a marriage null and void—as if it never existed—unlike a divorce, which legally ends a valid marriage. This remedy is available for marriages that are either inherently invalid or subject to cancellation.
Key Considerations for Annulment
- Eligibility Criteria:
To determine whether a marriage qualifies for annulment, the court generally examines the duration of the marriage and whether there are any children involved. If the union has lasted a long time or if children are present, a divorce proceeding is more likely to be required. - Equitable Relief:
Similar to divorce, parties pursuing an annulment retain the right to request an equitable distribution of property, spousal support, child support, custody arrangements, attorney fees, and other related expenses.
Void Marriages
A void marriage is treated as if it never occurred, eliminating the need for a judicial dissolution. Examples include:
- Existing Marriages:
If one party is already in a valid marriage, any subsequent marriage is automatically considered void. - Incestuous Unions:
Marriages between close relatives are null from the outset. - Mental Incapacity:
A marriage entered into while one party is mentally incapacitated is invalid. - Same-Sex Marriages:
Under certain legal interpretations, same-sex marriages have been declared void. - Underage Common-Law Marriages:
If either party was under 18 when entering into a common-law marriage, the union is void.
Additionally, void marriages may be challenged by either party or even by a third party. For instance, in Pennsylvania, a parent or guardian can file for a declaratory judgment to nullify a minor’s common-law marriage before the minor reaches 18. Importantly, continued cohabitation after the removal of an impediment does not cure the void nature of a marriage, except in cases of bigamy where good faith is demonstrated.
Voidable Marriages
A voidable marriage is legally recognized until one party actively seeks annulment through a judicial decree. Only the individuals directly involved in the marriage (or someone acting on their behalf) can contest its validity. Circumstances that may render a marriage voidable include:
- Intoxication:
If the parties were heavily intoxicated during the ceremony—waking up to find themselves married—the union is subject to annulment. - Mental Disability:
A marriage may be annulled if one party was suffering from a mental disability at the time of the ceremony. - Impotency:
Incurable impotence in one of the spouses can serve as grounds for annulment. - Underage Parties:
If one party was below the legal age requirement at the time of marriage, the marriage can be annulled. - Fraud or Duress:
If one party was deceived, coerced, or forced into the marriage, the union is voidable. However, if the spouses resume living together after the issue is resolved, the marriage may continue. - Misunderstanding the Ceremony:
If one party believed the ceremony to be valid but it was conducted by an uncertified individual, the marriage is voidable. - Infidelity Leading to Pregnancy:
If the wife becomes pregnant by another man without the husband’s knowledge, this may also be grounds for annulment.
For example, imagine a couple who, after getting intoxicated, impulsively marry in Las Vegas and later regret the decision. Provided that an annulment action is initiated within 60 days of the ceremony, the marriage can be declared voidable.
Effects of an Annulment
- Legal Status:
Once annulled, the marriage is treated as if it never existed. - Legitimacy of Children:
Any children born from the union remain legally legitimate. - Child Support:
The court can still impose child support obligations. - Property Division:
Assets will be distributed as if no marriage ever took place, meaning there is no marital property division.
In cases where a prior valid marriage was not properly dissolved, if the impediment is later removed (for example, through annulment, divorce, or the death of a spouse), Pennsylvania law may deem the parties legally married from that point forward—particularly if they continue to cohabit and entered the subsequent marriage in good faith, believing that the prior marriage had ended.
The primary purpose of annulment is to protect the innocent spouse—someone who entered the marriage unaware that their partner had an unresolved prior marriage. If both parties wish to reconcile and remedy the previous impediment, they may choose to validate and continue their marriage.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet brings extensive experience to every stage of the divorce process. His practice covers both straightforward and complex divorce cases, including matters related to spousal support, child support, and child custody. With a deep understanding of family law, he is dedicated to achieving the best possible outcome for his clients. To explore your legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation. Recognized for his expertise in both Family Law and Criminal Law, he is a trusted advocate in litigation.
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