- Definition:
An annulment declares that a marriage was never valid from the start, in contrast to a divorce, which ends a legally recognized marriage. - Eligibility:
Annulments are available when a marriage is either legally void from the beginning or voidable due to certain defects. Key factors in determining eligibility include the length of the marriage and whether the couple has children. If the marriage has lasted a long time or involves children, a divorce proceeding is typically required instead. - Financial and Custody Considerations:
Parties involved in an annulment can pursue similar claims as those in a divorce, such as equitable distribution of property, alimony, child support, custody arrangements, attorney fees, and related costs.
Void Marriages
- Nature of a Void Marriage:
A void marriage is treated as though it never existed and does not require a judicial dissolution. For example:- If one party was already legally married before entering the new marriage, the subsequent union is automatically void.
- Marriages between close relatives are void.
- If a marriage contract was entered into while one party was mentally incapacitated, that marriage is void.
- A marriage where one party is below the age of 18 in the context of a common-law union is considered void.
- (Note: Certain texts may list same-sex marriages as void; however, the legal status of such marriages varies by jurisdiction and over time.)
- Challenges to a Void Marriage:
A void marriage can be contested by one of the parties or by a third party. For instance, in Pennsylvania, a parent or guardian of a minor who has allegedly entered into a common-law marriage can request a declaratory judgment to nullify the marriage before the minor reaches the age of 18. - Cohabitation and Voided Marriages:
Continued cohabitation after removing the impediment does not cure a void marriage—except in cases like bigamy where there is evidence of acting in good faith.
Voidable Marriages
- Definition and Process:
A voidable marriage is considered valid until one of the parties seeks an annulment through a judicial decree. Only a party to the marriage can challenge a voidable marriage. - Common Grounds for Voidability:
Examples of circumstances that can render a marriage voidable include:- Intoxication: If both parties were under the influence during the ceremony and later regret their decision.
- Mental Disability: When one party was suffering from a mental disability at the time of the marriage.
- Impotency: If one party is incurably impotent.
- Underage: If one of the parties was not of legal age.
- Fraud or Duress: If one party was induced into marriage through fraudulent means, coercion, or force.
- Mistake About the Ceremony: For example, if a couple believed they were participating in a valid ceremony but later discovered the officiant lacked proper authority.
- Infidelity Leading to Pregnancy: If the wife becomes pregnant by another man without the husband’s knowledge.
- Combined Factors: Situations involving fraud or duress can make a marriage voidable, provided the couple does not later reconcile. For instance, if a couple, having married while intoxicated in Las Vegas, later realizes the gravity of their mistake, they may annul the marriage if action is taken within 60 days.
- Time Limit:
For a voidable marriage, the annulment must be initiated within 60 days of the ceremony.
Effects of an Annulment
- Marriage Status:
The marriage is nullified as if it never existed. - Legitimacy of Children:
Children born of the marriage remain legally legitimate. - Child Support:
The court may award child support as necessary. - Property Distribution:
Assets and property will be handled as though there was never a marital union, meaning no division as marital property will occur. - Subsequent Marriages:
In situations where a prior valid marriage was not properly dissolved, if the impediment is later removed (by annulment, divorce, or death of the former spouse) and the parties continue living together or enter into another marriage in good faith, they may be considered legally married from that point forward. - Purpose:
The main goal of an annulment is to protect the innocent party who entered the marriage unaware that the other party’s previous marriage had not been terminated. If the couple decides to reconcile and address the impediments, the marriage may continue as valid.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a seasoned attorney committed to assisting clients at every phase of the divorce process. His practice encompasses both straightforward and complex divorces, including issues related to spousal support, child support, and child custody. With extensive experience and a reputation for excellence in family law, he is dedicated to achieving the best possible outcomes for his clients. For more information about your legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation. Recognized as a respected litigation attorney, R. Badet handles cases in both Family Law and Criminal Law.
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