Does Your Marriage Qualify for an Annulment?

Divorce, Family Law

“Till death do us part” may be the words in the vows, but divorce has been the best and most common way to end a marriage.

But while many estranged couples say they wish the marriage never happened in the first place, the annulment process seems to make their wish come true by wiping traces of marriage off their personal life.

The process of annulment treats the marriage as void. But not every marriage can be treated as such, and some marriages are void from the beginning.

When Can a Marriage Be Considered Void?

A marriage becomes annulled once the law declares the marriage void.

So many people may believe that love, mutual understanding, wedding bands, and an officiating minister is all they need to seal their bond in marriage, but that doesn’t mean your marriage cannot be considered void by the law.

Several situations can make the law term marriage as void. Examples of these situations are bigamy, incest, and marriages when one spouse or both spouses were undoubtedly intoxicated.

A spouse must file for an annulment of the marriage for the process to begin. If that marriage is considered void, the law will approve it.

Reasons You Can Request for An Annulment 

  • Illegal Age of Marriage: Every state in the US has a stipulated age considered legal for marriage. If one or both spouses are not up to this age, the marriage can be considered void. The court can reconsider if the underage spouse decides to continue the marriage after reaching legal age.
  • Impotence: Discovering that your spouse is impotent after exchanging wedding vows is a substantial ground to file for an annulment. This is only applicable when you had no prior knowledge of your spouse’s impotence while they knew before the marriage.
  • Mental incapacity: A spouse can be considered mentally unable to consent to a marriage. Mental incapability also includes a spouse that is mentally ill or highly intoxicated during the marriage. An example of this situation can be when a spouse who is old and sick gets married to a younger person; suppose the old, and ill spouse dies and wills their property to the younger spouse, the family can file for an annulment of the marriage if they can provide proof of the late spouse being mentally incapable of consenting to the union.
  • Annulment based on Fraud: You can file for the dissolution of a marriage if you believe your partner got married to you based on fraud. This could include deceit in the marriage or withholding some vital information. However, it is essential to note that if the aggrieved spouse decides to continue with the union after finding out about the fraud, it would no longer be a basis for annulment.

Effect Of an Annulment

An annulled marriage is a marriage that has been termed void, so, unlike divorce, no partner is liable for alimony or has a right to claim properties obtained after marriage.

In conclusion, annulments of marriages happen shortly after marriage, but some come way later, depending on the cause of the dissolution. Therefore it is vital to note that some states do not permit the annulment of a union after a certain period.

For counseling and inquiries on if your marriage can get annulled, contact us at FKM&A Attorneys at law to get started with your case today.