Whenever a married couple concludes that they have had enough, the very first thought might possibly be filing for a divorce and eventually start a new life apart from each other. Nevertheless, there is an additional alternative to end a marriage and this is by annulment.
The annulment can essentially void a marriage and also treat this union as something that never occurred in the first place, in contrast to the prolonged process associated with dividing possessions, custody brawls and various other facets involving a divorce proceeding. In case you think that you want some legal guidance concerning the grounds for annulment of marriage, then get in touch with a divorce attorney.
What is the difference between an annulment and a divorce?
If you get your marriage annulled, it basically means that (legally) the marriage “never happened.“ When filling out forms, for example, if the forms ask if you were married before, you can say “no.” If you get a divorce, this recognizes that the marriage was a legal marriage and it was dissolved (or ended) by a divorce.
You can file for an annulment if you can prove one of the following
1. Either spouse was incapable to consent to the marriage when the ceremony was performed, either because of mental disability or incapacity, or because of the influence of drugs, alcohol, or other similar substances; or
2. Either spouse entered into the marriage because s/he relied on a false act or representation of the other spouse, and the fraudulent act or representation goes to the essence (core) of the marriage (for example, if your partner lied and said she was straight but later you find out that he knew she was gay when you got married); or
3. The husband or wife, or both, married because of pressure (force/threats) by the spouse or by some other person; or
4. The husband or wife, or both, got married as a prank or a dare.
Note: To file under the grounds for annulment listed in numbers 1 – 4 above, only the aggrieved (wounded) spouse can file no later than 90 days after you become aware of the described condition (i.e., incapacity, fraud, threats, or joke or dare).
5. Either spouse was materially unable to consummate the marriage (have sexual intercourse) and the other spouse did not know of the lack of physical capacity at the time the marriage ceremony was performed. Note: Either spouse can arrange for an annulment no later than 1 year after you become aware of the lack of ability.
6. Either party was under 18 at the time of the marriage and did not have the permission of his/her parents or guardian or judicial approval. Note: Only the spouse who was a minor (or his/her parent or guardian)can file for an annulment no later than 1 year after the date of the marriage.
7. The marriage is prohibited by law and therefore void – here are some examples of void marriages:
- if your spouse is already legally married to someone else (bigamy);
- marriage to your sibling (including half-sibling), uncle, aunt, niece, nephew, first cousin or to someone of the same sex;
- if either spouse was divorced but the clerk did not examine the certified decree of divorce or otherwise verify the divorce before if either spouse is on probation or parole and did not file with the marriage-license clerk a written consent to the marriage from the relevant person in the court or institution that gave the probation or parole.
Note: Either spouse can file to annul based on the grounds mentioned in number 7, above, at any time before the death of either spouse. (It can even be filed after the death of a party within certain time limits).
Note: Property can still be divided up, just like in a divorce. Also, children born in the marriage are still considered to be “legitimate.”
Grounds For Annulment Of Marriage
Today, an annulment might seem to be a fairly modern day way of thinking, for celebrities who files to get one after a shotgun wedding in the city Las Vegas. But, annulments basically have a relatively long and fascinating history, involving royalty in ancient days who seek this format in order to escape marriage without going through a divorce.
For the remainder of this writing, we are looking at the differences between annulments and divorce, as well as how these procedures will be appropriate to specific marriages. Based on what was mentioned earlier, the annulment can terminate a marriage as an alternative to ending it and then dividing the assets. But, in order for this to manifest, the marriage in most cases must be in the premature phases with no kids or combined possession to fight over.
Nevertheless, long-term partnerships may be annulled, yet it is basically less widespread as a result of the shared guardianship and owner of children and property. The divorce and family law may state that the grounds for annulment of marriage calls for the very least one of the following causes:
Concealment: In cases, where one partner concealed an addiction to drugs or alcohol, is a convicted felon, has kids from an earlier relationship, impotency or sexually transmitted diseases.
Fraud or Misrepresentation: For instance, when a wife lied with regards to her capacity to carry a child, falsely expressed that she is of the age to be married or either party failed to mention that they are still in a marriage with another person.
Misunderstanding: It might be a case where one partner wants to have kids and the other person has no intention to.
Refusal or failure to consummate a marriage: This means that a spouse refused to participate in absolutely no sexual intercourse.
The annulment can conclude the marriage which was by no means appropriate to start with, devoid of all the unpleasant details regarding who owns a particular property. This can possibly be a sensible alternative for many couples, therefore in case you believe that your own marriage might be eligible for an annulment, it would be a good idea to get legal guidance from a divorce attorney.
Voidable Marriages
To fully understand a marriage annulment, first you have to know the actual distinction between the “voidable” and the “void” marriage. In most cases the definitions might seem confusing, but you will realize that it is much easier than you think after reading this article.
The void marriage is actually the one that the states will not acknowledge. Throughout several states, a marriage with couples from the same sex might match this description. Additionally, individuals who are related such as sister and brother, or an individual who gets married when he or she is already married to someone who is living, are some of the cases when this would not be considered as a marriage, even if there was a wedding ceremony.
The voidable marriage is undoubtedly the one that would fit the criteria for an annulment. This happens when one or both persons are in agreement to end the marriage and would make a request to declare that the union never existed. Naturally, when the objecting person had been cognizant of the obstacle for the marriage, and allow it to continue for a long period of time, then they cannot complain about it afterwards.
In cases where one person is under the age of legal consent, or perhaps psychologically incompetent in order to get married, this union could be annulled. When there is knowledge of any kind of fraudulent issues that could cause one person to put a stop to the marriage, but this might not result in an annulment if the other person wants to remain in the union. But, if any of these circumstances really exist, and one partner can show that this marriage should not have taken place, they can make a request to get it annulled in the court, and this would then enable the couple to return to the status that they had before the marriage.
A few prohibitions in opposition to specific individuals getting married might be removed as a result of parental permission. For instance, if perhaps the parent of a 13 year old child has given permission that will enable her to get married. There are even some cases where the judge could also grant an underage person to get married in the event that this reveals in the court of law that would be the best for everyone involved.
Many attorneys will not agree for persons to get a marriage annulment, unless the couples have religious rationale for not getting a divorce, as they believed that it is much harder to end a legal union by annulment. In order to annul the marriage, this person needs to show that the other person actually did something that was wrong or perhaps they should never have entered into the contract for marriage as a result of his or her own impairment. Clearly, it will be more difficult to provide the necessary evidence compared to simply stating that you want out!