If you were forced into getting married but want to dissolve the relationship, then you should consider an annulment. A forced marriage is defined as one in which either one or both of the parties entered either without his or her consent or against his or her will. Individuals who are forced into such non-consensual relationships are eligible to pursue annulment as an option to end the marriage rather than divorce; however, there are important considerations that should be taken into account.
Understanding an Annulment
An annulment establishes that a valid marriage never existed and essentially nullifies the union. As a result, the individuals return to their prior single status once the marriage is declared invalid. If you were unwilling to marry but were forced to do so and one of the following circumstances is applicable to your situation, then you should explore annulment as a solution:
- You were forced to marry although you and/or your spouse were not old enough to do so.
- You were forced to marry despite having close blood ties with your spouse.
- You were forced to marry despite not possessing the mental capacity at the time to make a decision of this magnitude, e.g., you suffered from either a mental disability or drug-induced coercion.
- You were forced to marry under the threat of either violence or some other form of duress.
An annulment requires that you first meet the residency requirements of the state in which you live. To determine this information, check your state legislation about residency eligibility.
Although it is a commonly held belief, you should be aware that annulments are neither restricted by nor contingent on the duration of the marriage; the length of the union is not a factor in the determination of whether annulment is available in your specific situation. Moreover, you should know that an annulment might be difficult to obtain if you have children, as most jurisdictions are reluctant to grant annulments under these circumstances.
Finally, an annulment may also limit your share in a marital estate and prohibit your receipt of spousal support. These issues should be carefully considered to determine if they are impactful in your decision to pursue either an annulment or a divorce to end your marriage with your spouse.
Getting Help
The process of annulment is similar to that of a standard divorce, so it is therefore advisable to solicit legal guidance and representation to help facilitate the process. Your attorney can help you to convince the courts you are entitled to an annulment and can assist you in ensuring that an annulment is really right for your situation.
