An annulment nullifies a marriage, declaring it never existed, unlike a divorce which ends a valid marriage. Annulments are available for marriages that are either void or voidable.
Criteria for Annulment: To determine if a marriage is eligible for annulment, factors like the length of the marriage and whether there are children involved are considered. If the marriage has lasted longer or if there are children, a divorce is likely required instead of annulment.
Equitable Distribution: Similar to a divorce, parties seeking annulment can request an equitable distribution of property, alimony, child support, custody, attorney’s fees, and other costs, which are typically available in annulment proceedings.
Void Marriages: A marriage is considered void when it is legally invalid from the start and does not require judicial dissolution. Common examples of void marriages include:
- A person marrying while already in a valid marriage.
- A marriage between close family members.
- A marriage where one party was mentally incapacitated.
- Same-sex marriages (prior to their legalization).
- A marriage where one party was underage.
Void marriages can be contested by either party or a third party, such as a parent or guardian of a minor involved in a common-law marriage. A void marriage cannot be validated by continued cohabitation, except in cases of bigamy when there’s a demonstration of good faith.
Voidable Marriages: A voidable marriage is valid until one of the parties seeks an annulment. It requires a judicial decree to end the marriage and can only be challenged by someone involved in the marriage. Some examples of voidable marriages include:
- Intoxication at the time of marriage.
- Mental incapacity of one party.
- Impotency of one spouse.
- One party being underage.
- Fraud, coercion, or force.
- Mistake regarding the nature of the ceremony.
- Infidelity, such as the wife becoming pregnant by another man.
If the marriage was voidable (e.g., drunken marriage or one entered under duress), it can be annulled within 60 days after the ceremony.
Effect of Annulment: An annulment has several effects:
- The marriage is treated as though it never happened.
- Children from the marriage remain legitimate.
- Child support may be awarded.
- Property is treated as if there was no marriage, meaning no marital property exists.
In situations where a valid marriage was not properly terminated and an impediment is removed, such as an annulled previous marriage or a divorce, the parties may be considered legally married from the point of reconciliation. This is particularly true if one party entered the second marriage in good faith, believing the previous marriage had ended.
The goal of annulment is to protect the innocent spouse who entered into a marriage unaware of an unresolved prior marriage. If the parties wish to continue their relationship, the invalid marriage can be restored once the impediment is addressed.
Divorce Lawyer R. Badet is a seasoned attorney dedicated to supporting clients at all stages of the divorce process, handling everything from simple to complex cases involving spousal support, child custody, and support. His knowledge and experience can help secure the best outcome for your legal situation. Visit his website or call for a free consultation to learn about your legal rights and options. With extensive experience in both family law and criminal law, he is a trusted advisor and advocate for his clients.
For those searching for divorce-related legal services, consider these terms:
- “Divorce lawyers near me”
- “Family law attorney”
- “Affordable divorce lawyers”
- “Best-rated divorce lawyers”
- “Child custody lawyers near me”