- Property Division and Support: Just like in divorce, either party to an annulment may seek equitable distribution of property, alimony, child support, custody, legal fees, and other expenses, if applicable.
Void Marriage
A void marriage is treated as though it never happened, requiring no formal decree to end it. Examples include:
- One party was already legally married.
- The spouses are too closely related.
- One spouse was mentally incapacitated at the time of marriage.
- Same-sex marriage (under older statutes; not currently valid law).
- One spouse was under 18 when entering a common-law marriage.
A void marriage can be challenged by the spouses themselves or a third party. In Pennsylvania, for instance, a parent or guardian can petition to void a minor’s alleged common-law marriage before the minor turns 18. Continued cohabitation does not fix a void marriage, except in certain bigamy cases if there was good faith on the part of the spouses.
Voidable Marriage
A voidable marriage is initially valid but may be dissolved if one spouse initiates an annulment. Judicial action is required, and it can be contested only by a spouse or someone acting on their behalf. Circumstances include:
- Intoxication (both parties were drunk during the ceremony).
- Mental disability at the time of marriage.
- Impotency if incurable.
- Underage (one spouse not old enough to marry).
- Fraud or deceit in convincing someone to marry.
- Mistake about the ceremony’s nature (e.g., performed by an unauthorized officiant).
- Pregnancy by another man without the husband’s knowledge.
- Duress or coercion (unless the parties continue to live together once the pressure is removed).
For a voidable marriage, annulment is generally allowed if filed within 60 days of the ceremony, assuming the law requires that timeline. Once annulled, the marriage is considered never to have existed. Children remain legitimate, and child support may be ordered. Additionally, property is treated as though no marriage ever occurred, so there is no marital estate.
When a Prior Marriage Was Not Properly Ended
If someone entered into a second marriage without dissolving the first but did so in good faith—believing the first marriage had ended or the spouse was deceased—then, once that impediment is removed (divorce or annulment of the prior marriage, or the other spouse’s death), the couple in the subsequent marriage may be deemed legally married from that point onward if they choose to remain together.
This rule exists to protect an innocent spouse who was unaware that a previous marriage had not been ended and still wishes to stay in the current relationship once the earlier issue is resolved.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is well-versed in every phase of divorce, whether straightforward or complex, including alimony, child support, and custody. He has the knowledge and experience to guide clients toward the best possible results in both Family Law and Criminal Law matters.
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Visit his website at www.lawyersfordivorces.net to learn more about your legal options, or call for a free consultation. He is highly respected within the legal community and works diligently to achieve the most favorable outcomes for his clients.