Annulment is the legal process of declaring that a marriage is not valid. An annulment is retroactive, so it is as if the marriage did not happen from a legal standpoint. Annulment laws will vary by state, so you should contact a lawyer within your state about the possibility of annulment in your circumstances.
Annulment Tips
If you are considering whether or not annulment is available in your circumstances, consider the following:
- Most states have a residency requirement for eligibility for an annulment. There may also be other state specific requirements, so consult local law regarding your case.
- If one of the parties to the marriage was not of legal age to consent to the marriage at the time the marriage commenced, an annulment may be available.
- In some states, mental illness that is permanently debilitating or drug or alcohol addiction are reasons why a court might grant an annulment.
- If a couple never has sex during the marriage, this is also sometimes a reason why a court would grant an annulment.
- If coercion or force was used to execute the marriage, then annulment is a likely remedy.
- If consent was obtained prior to marriage, but that consent was obtained through deceit of some sort, then the marriage may be able to be annulled.
- If you find out that you are a close relation to your spouse, you may be able to get an annulment based on the doctrine of consanguinity.
- The length of a marriage, in and of itself, is not a grounds for annulment.
- On the other hand, most annulment petitions must be filed within two years of marriage to be granted.
- An annulment granted by a church is not binding on the state, so it is not legal under the law. This can be important because some states consider assets and debts that are acquired during marriage to belong to both of the spouses.
- Incest or bigamy committed by one of the spouses can both be grounds for a judge granting an annulment. Generally, some showing of proof will be required for these and other annulment grounds.
Getting Legal Help
If you wish to separate from your spouse and think that annulment might be available to you, contact a local family law attorney to learn more about whether you are eligible. An attorney will know how the law applies to your facts. He will advise you of your options and rights.
