Annulment in Pennsylvania
An annulment legally erases a marriage, treating it as though it never existed. This differs from a divorce, which ends a legally valid marriage.
Eligibility for Annulment
Annulments apply to marriages that are either void or voidable due to legal defects.
To determine whether an annulment is an option, key considerations include:
- The length of the marriage
- The presence of children
If a marriage has lasted for a significant period or involves children, a divorce may be necessary instead of an annulment.
Rights of Parties in an Annulment
Individuals going through an annulment have the same rights as those in a divorce. They can seek:
- Equitable distribution of property
- Alimony
- Child support
- Custody arrangements
- Attorney fees and other court-related costs
Void Marriages
A void marriage is considered legally nonexistent and does not require a court order to dissolve. Examples include:
- Bigamy: If one spouse was already legally married at the time of the second marriage, the latter marriage is void.
- Incest: Marriages between close family members are not legally recognized.
- Mental Incapacity: If one party lacked the mental capacity to consent at the time of marriage, the union is invalid.
- Same-Sex Marriage: (Applicable before legalization)
- Underage Marriage: If a party was younger than 18 when entering into a common-law marriage, it is considered void.
Legal Challenges to Void Marriages:
- A void marriage can be challenged by either spouse or a third party.
- For instance, in Pennsylvania, a parent or guardian can seek to nullify a minor’s common-law marriage before the minor turns 18.
- A void marriage cannot be validated by continued cohabitation after the impediment is removed, except in cases where a spouse unknowingly entered into a bigamous marriage in good faith.
Voidable Marriages
A voidable marriage is considered valid until one of the spouses petitions for an annulment. Unlike void marriages, voidable marriages require a court order to be dissolved.
Only the spouses involved can challenge a voidable marriage.
Examples of Voidable Marriages
- Intoxication: If a couple married while intoxicated (e.g., waking up the next day to discover they were wed), the marriage is voidable.
- Mental Disability: If a spouse was mentally impaired at the time of the wedding, the marriage can be annulled.
- Impotency: If one spouse is incurably impotent, the other can seek annulment.
- Underage Marriage: A marriage may be annulled if one spouse was too young to legally marry.
- Fraud or Duress: If a spouse was tricked, forced, or coerced into marriage, it can be voided.
- Mistake in the Ceremony: If the marriage ceremony was conducted by someone unauthorized to officiate, it is voidable.
- Pregnancy by Another Man: If the wife is pregnant by someone else at the time of the wedding and the husband was unaware, annulment may be possible.
Key Condition:
- If the spouses continue to live together after discovering fraud, duress, or mistake, the marriage may no longer be annulled.
- Example: If a couple gets drunk in Las Vegas, marries at a chapel, and wakes up regretting it, they may seek an annulment—provided they act within 60 days.
Effects of an Annulment
- The marriage is legally erased as if it never took place.
- Any children from the marriage remain legitimate.
- Child support may still be awarded.
- Property is treated as if no marital union existed, meaning there is no division of “marital property.”
Special Case: Prior Existing Marriage
If a person unknowingly marries someone who was already legally wed, the subsequent marriage is void. However, if the prior marriage is dissolved—through divorce, annulment, or the spouse’s passing—the couple may continue as a legally recognized marriage from that point forward, assuming they were acting in good faith.
This provision protects an innocent spouse who was unaware of the existing marriage and wishes to remain with their partner after the issue is resolved.
Legal Assistance for Annulments and Divorce
Attorney R. Badet is a skilled family law attorney with extensive experience in handling annulments, divorces, child custody cases, spousal and child support issues, and equitable distribution of assets. Whether dealing with a simple separation or a complex case, he is dedicated to achieving the best possible outcome for his clients.
For more information about your legal rights, visit www.lawyersfordivorces.net or call for a free consultation.
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If you need legal guidance for an annulment or divorce, having the right attorney can make all the difference in securing a fair resolution.