Annulment: Meaning, Reasons and Marriages after Annulment

What is Annulment?

Annulment is a legal process that declares a marriage null and void from the time it was entered into. A court can issue an annulment, but there must be legitimate grounds for doing so. If a marriage is entered into falsely, one of the parties may attempt to annul it. You can file a petition for an annulment fairly soon after getting married. In many states, the couple must live apart for a certain amount of time before one of them can file a petition for an annulment. The parties to an annulment are not considered legitimate spouses and are not entitled to the same privileges. Rather, their finances will return to what they were before getting married. If a couple has children and their marriage is annulled, the children are still deemed “legitimate,” which means they were not born to unmarried parents. However, in other places, the presumption of parenthood varies. As part of the annulment procedure, the judge must determine the children’s parentage.

Key Takeaways

• Annulment is a legal proceeding that declares a marriage null and invalid from its origin.
• To award an annulment, a court must have legal grounds to do so.
• If a couple is unable to secure an annulment, divorce may be the only legal way to end their marriage.
• Getting a marriage dissolved may release any party from a court-imposed spousal support obligation.

Valid Reasons for Annulment

The grounds for annulment and the process of filing a petition differ by state. The more documentation you can produce to support your claim, the better your case will be. In the instance of a marriage involving minors or someone who is unable to consider for themselves, a parent or guardian may submit an annulment lawsuit on their behalf. Courts cannot award an annulment unless there is a legitimate legal justification to do so. Here are several instances in which there may be grounds for an annulment:

1. Coercion: This occurs when one spouse feels pressured or misled into marrying the other. For example, if one partner threatens the other with harm or provides false information about themselves or the marriage, it can invalidate the consent required for a legal marriage.

2. Bigamy: Bigamy refers to the act of being married to more than one person simultaneously. If one party is already legally married to another person and enters into a second marriage without divorcing the first spouse, the subsequent marriage is considered void from the beginning.

3. Consanguinity: Consanguinity prohibits marriages between close blood relatives. Laws vary by state regarding which relationships are considered too closely related to marry. Marriages between siblings, parents and children, and sometimes first cousins may be prohibited, depending on state laws.

4. Underage Marriage: Minors typically lack the legal capacity to enter into a marriage contract without parental or guardian consent. If a minor enters into a marriage without obtaining the required authorization, the marriage may be voidable at the discretion of the minor or their legal guardian.

5. Lack of Capacity: This refers to situations where one or both partners lack the mental capacity to understand the nature and consequences of marriage. For example, if a person is mentally incapacitated due to illness, disability, or intoxication at the time of the marriage ceremony, the marriage may be deemed invalid.

6. Concealment of Material Facts: If one spouse fails to disclose important information that would have influenced the other’s decision to marry, it can be grounds for annulment. Material facts may include a previous criminal record, inability to have children, or having a contagious disease that was not disclosed before the marriage ceremony.

Annulment vs. Divorce

Basis	Annulment	Divorce
Meaning	An annulment makes the marriage invalid, null, and void, like such a marriage never existed in the first place.	Divorce ends a marriage but doesn’t change its status under the law.
Legal Grounds	The legal grounds for annulment are usually restricted to a few particular situations.	The legal grounds for divorce may be simpler to obtain because courts can consider a greater range of grounds.
Division of Assets	Individuals seeking an annulment do not automatically qualify for property division or spousal support.	The court can rule on how to divide marital assets and how much spousal support one party should pay to the other, if at all.

Marriage After Annulment

Both parties are regarded as single if the court grants an annulment ruling. This implies that you can lawfully get married to someone else at any moment.

• An annulment legally declares a marriage null and void, as if it never existed.
• Once the court grants an annulment, both parties are considered single individuals in the eyes of the law.
• This means they are free to marry someone else if they wish to do so.
• Unlike divorce, which terminates a valid marriage, an annulment erases the marriage from a legal standpoint.
• After an annulment, individuals are not restricted from entering into a new marriage.

Conclusion

In conclusion, annulment serves as a legal remedy for marriages that are deemed invalid from their inception. It differs from divorce in that it essentially erases the marriage from a legal standpoint, declaring it null and void. Annulment is granted on specific legal grounds, such as coercion, bigamy, or lack of capacity, and its outcome renders both parties single individuals once again. While the process and requirements for annulment vary by jurisdiction, it provides a pathway for individuals to move forward from marriages that are fundamentally flawed.

Annulment- FAQs

What distinguishes an annulment from a divorce?

In a divorce, it is said that the parties were once married but made the decision to get a formal separation. On the other hand, an annulment establishes that the marriage was void from the start.

What does an annulment hearing mean?

The opposing party has the chance to reply when one files a petition for annulment. In the event that the couple cannot agree to an annulment, a hearing will be held by the court to decide whether the marriage was lawful at the time both spouses joined it.

Is there an annulment time limit?

Since most annulments occur during the first year or two of marriage and many states do not have a statute of limitations, there is no deadline for filing. You can get acknowledgement of the invalidity of the marriage at any moment.

What are the most frequently used reasons for annulment?

Among the most frequent reasons for annulment are bigamy, fraud, incompetence on the part of one or both spouses, and the inability to consummate the marriage. Additionally, a marriage may be dissolved if one of the parties is not of legal age to marry, if the union was formed under duress or force, if one of the parties suffers from a mental illness, or if the couple is closely related by blood.

What is a no-fault divorce?

Both fault-based and no-fault divorce procedures are available in every state. With no one recognized as the “guilty party” or the reason for the divorce, a no-fault divorce permits the breakup of a valid marriage.

Reference:

• Cornell Law School
• American Bar Association
• Family Law Self-Help Center

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