Annulment in Pennsylvania involves a legal process that declares a marriage invalid from the beginning, which differs from divorce, where a valid marriage is officially ended. When considering whether annulment is an option, key factors often include the length of the marriage and whether children were born into the relationship. If a marriage has lasted for a considerable time or involves children, a divorce is typically the more appropriate path.

Scope of Annulment

  • Even in annulment cases, spouses can potentially seek equitable distribution, alimony, child support, custody, and coverage for attorney fees and related costs. The availability of these remedies generally mirrors those found in divorce proceedings.

Void Marriages

Definition
A void marriage is treated as though it never existed in the first place, so it generally does not require court action to terminate. Examples of circumstances that render a marriage void include:

  1. One spouse was already married to someone else at the time (bigamy).
  2. The parties are too closely related (incest).
  3. One spouse was mentally incapacitated when the marriage took place.
  4. Same-sex marriage is deemed void under certain state laws referenced in older statutes.
  5. A common-law marriage where one or both parties were under 18 at the time of entering the relationship.

Challenging a Void Marriage

  • Either spouse—or even a third party—can contest a void marriage. For example, a parent or guardian of a minor may ask a court to invalidate a common-law marriage before the minor turns 18.
  • Generally, a void marriage remains void even if the original reason for invalidity is later resolved (e.g., the mental incapacity ends), except in narrow instances such as a prior marriage that was ended in good faith, thereby curing bigamy.

Voidable Marriages

Definition
A voidable marriage remains legally valid until one spouse decides to pursue annulment. It requires a judicial decree to dissolve. Only the spouses themselves—or someone acting on a spouse’s behalf—can challenge a voidable marriage.

Common Grounds for Voidable Marriage

  1. Intoxication at the time of the ceremony (e.g., the spouses wake up to discover they married while drunk).
  2. Mental Disability that compromised the ability to consent.
  3. Impotency that is incurable.
  4. Underage Marriage where one spouse did not meet the legal age requirement.
  5. Fraud, Duress, or Coercion leading one spouse to marry under false pretenses.
  6. Mistake About the Nature of the Ceremony, such as an officiant lacking proper authority.
  7. Pregnancy by Another Man without the husband’s knowledge.
  8. Continuation After Fraud or Duress: If the deceived spouse continues living with the other once the fraud is discovered or the pressure is lifted, the marriage is no longer voidable on that basis.

In Pennsylvania, an annulment petition for a voidable marriage typically must be filed within a specific timeframe (often 60 days from the ceremony in certain circumstances).

Effects of Annulment

  1. The marriage is disregarded as if it never happened.
  2. Children born during that relationship remain legitimate under the law.
  3. Courts can order child support if needed.
  4. There is no “marital property” to divide because the marriage is considered invalid from the start.

Special Rule for a Prior Valid Marriage

If one spouse had a valid prior marriage that was never correctly ended, and that impediment later goes away (e.g., the previous spouse passes away or a valid divorce is granted), the law allows the new relationship to become legally valid going forward if the spouses continue living together in good faith—particularly when one spouse believed that the previous marriage had already ended.

This rule seeks to protect an innocent spouse who was unaware that the other spouse had a still-active previous marriage. If the couple wishes to remain together after the prior marriage is resolved, their union may be recognized as valid from the time the impediment ceased.

Divorce Lawyer R. Badet

Divorce Lawyer R. Badet is an experienced legal advocate, offering assistance at every stage of the divorce or annulment process. Whether the case involves a straightforward proceeding or complex issues such as property division, alimony, child support, and custody, he strives to achieve the most favorable results for his clients. To explore your legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation. His background in Family Law and Criminal Law makes him well-suited to represent a broad range of client needs.

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