A Civil Annulment is a legal proceeding by which a marriage is declared invalid. This means that the marriage was never recognized by law. The annulment proceeding is a throwback to a time when divorce carried more stigma and was frowned upon by society and the church. A civil annulment occurs through a petition with the court of your jurisdiction. It differs from a divorce in that it declares that the marriage never existed. Divorce dissolves a marriage. It is possible to get a civil divorce and a religious annulment.
Are You Eligible for an Annulment?
In most states, the circumstances that qualify for an annulment are limited and they vary from state to state. In most cases, the marriage must be of short duration. An annulment can be harder to get than a divorce. Some of the common reasons for an annulment are:
- Fraud – includes marriage that was induced by force.
- Mental incompetence – can include instances where the parties were too young to marry without parental, court consent as well as mental disease, or defect. Also includes circumstance where party was under the influence of alcohol or drugs at the time of the marriage.
- Bigamy – where either spouse was married to someone else at the time.
Less Common Grounds include
- Marriage prohibited by blood relationship
- One of the parties is sentenced to a term of life imprisonment
- One of the parties concealed a drug addiction, criminal record or a sexually transmitted disease
Who can file?
Relief in an annulment is given to the innocent spouse. The spouse that caused the annulment is not allowed to pursue the annulment. The court will decide matters of custody, support, and property division if appropriate. Annulment is more technical than divorce and can take longer.
Children in an Annulment
Any children that may be born in the marriage before an annulment becomes final are considered legitimate. The parties have the same rights to custody, visitation, and child support as if the marriage was dissolved by divorce.
Do you need a Lawyer?
Because of the special circumstances involved in annulment proceedings, you should not try to do this yourself. Seek legal advice and counsel from an attorney experienced in family law matters, especially if you have religious or moral reasons for pursuing an annulment.
