Even in annulment cases, either party may pursue equitable distribution of property, alimony, child support, custody, and attorney fees, just as in a divorce.
Void Marriages:
These are treated as if they never occurred and do not require a court order to dissolve. Common examples include:
- When one party was already married to someone else.
- Marriages between close relatives.
- Marriages entered into by someone mentally incapacitated.
- Same-sex marriages under laws that once prohibited them.
- Common-law marriages involving a minor under 18.
Either spouse or a third party can challenge a void marriage. For instance, a parent or guardian can seek to have a minor’s alleged common-law marriage declared void before the minor turns 18. Continued cohabitation does not fix the void status unless it’s a bigamy case involving good faith.
Voidable Marriages:
These are considered valid until challenged by one of the spouses. A judicial decree is needed to annul a voidable marriage. Only a spouse can contest it. Typical reasons include intoxication at the time of the ceremony, mental incapacity, impotence, underage participation, fraud, mistake in the ceremony’s nature, or undisclosed pregnancy by another partner.
If conditions that made the marriage voidable are resolved—such as sobriety after an intoxicated wedding—and the couple remains together, the marriage may stand. Otherwise, they can seek an annulment, usually within 60 days of the ceremony.
Effects of Annulment:
- Legally treats the marriage as if it never existed.
- Children remain legitimate.
- Child support may be awarded.
- Property division proceeds as though no marriage ever existed, so there is no “marital property.”
If a prior valid marriage was not properly terminated, but that impediment is later resolved (for example, through annulment, divorce, or the prior spouse’s death), and the couple remains together in good faith believing they were free to marry, the marriage can become legally valid going forward.
Annulments serve to protect an innocent spouse who unknowingly entered into a marriage impeded by a prior, unended marriage. Should the couple wish to remain together after the impediment is removed, their union can continue as a valid marriage.
For more information, or for assistance with divorce, spousal support, child support, and custody matters, contact Divorce Lawyer R. Badet. He is experienced, knowledgeable, and committed to guiding clients through every stage of the divorce process. Visit www.lawyersfordivorces.net or call for a free consultation. With extensive experience in family and criminal law, he strives to secure the best possible outcomes for his clients.
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