- Annulment vs. Divorce:
An annulment invalidates a marriage, declaring it as if it never existed, whereas a divorce dissolves a valid marriage. - Eligibility for Annulment:
Annulments are available for marriages that are either void or voidable. - Marriage Duration and Children:
To determine if a marriage is eligible for annulment, factors like the marriage’s length and the presence of children are important. If the marriage has lasted longer or if children are involved, a divorce may be the necessary course instead of an annulment. - Equitable Distribution:
Both annulment and divorce proceedings allow the same rights for equitable distribution of property, alimony, child support, custody, attorney fees, and related costs.
Void Marriage:
- Definition:
A void marriage is considered to never have existed, meaning it does not need to be dissolved by a court. Examples of void marriages include:- A marriage where one party was already married.
- A marriage between close relatives.
- A marriage involving a mentally incapacitated person.
- A marriage between same-sex individuals (where not legally recognized).
- A marriage involving someone under 18 years of age.
- Action Against Void Marriages:
Void marriages can be contested by either party or a third party. For example, a minor’s parent or guardian can seek to annul a common-law marriage before the minor turns 18. - Cohabitation Impact:
Continuing to live together after the issue preventing the marriage is resolved (except in bigamy cases with good faith) does not make a void marriage valid.
Voidable Marriage:
A voidable marriage is initially considered valid until one party seeks an annulment. The annulment requires a judicial decree to dissolve the marriage. Only the parties involved can challenge a voidable marriage.
Examples of voidable marriages include:
- Intoxication at the time of marriage.
- Mental disability of one party.
- Impotency (one party is incurably impotent).
- Age (if one party was too young to marry).
- Fraud (inducing a marriage through deceit or force).
- Mistake about the nature of the ceremony (e.g., believing it was a legitimate marriage when performed by an unqualified officiant).
- A wife becoming pregnant by another man without the husband’s knowledge.
If the marriage is voidable, the annulment must be pursued within 60 days of the marriage ceremony.
Effect of an Annulment:
- Marriage is Nullified:
The marriage is legally treated as if it never occurred. - Children’s Legitimacy:
Children born of the marriage remain legitimate. - Child Support:
Child support obligations can still be enforced after an annulment. - Property Considerations:
Property is treated as if there was no marriage, meaning there will be no division of marital property.
In the case of a prior valid marriage that wasn’t properly ended, if the impediment (e.g., divorce or annulment of the first marriage) is resolved, the couple can be considered legally married if they continue living together and believed in good faith that the previous marriage was validly terminated.
Purpose of Annulment:
Annulment serves to protect the innocent spouse who entered the marriage unaware of any prior unresolved issues, such as an unterminated prior marriage. If both parties wish to stay together and the previous marriage issue is fixed, the marriage can continue as valid.
Divorce Lawyer R. Badet is an experienced attorney who assists clients with every aspect of divorce, including complex issues like spousal support, child custody, and property division. For legal advice, visit www.lawyersfordivorces.net or call for a free consultation. With years of experience, he represents clients in family and criminal law matters.
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