What is an annulment?

By |2018-05-13T21:30:10+00:00April 29th, 2018|Family Law|0 Comments

An annulment is a declaration that your marriage is invalid because of some problem that existed at the time of your marriage.  Once the court enters an annulment decree, you are treated as though you were never married.  Only two types of marriage can be annulled: void marriages and voidable marriages.

Void marriages

A marriage is void if either one of the parties has another living spouse, the parties are too closely related (typical statutes say that parties cannot be related by blood), and where one of the parties is under the statutory age (usually 18) at the time of the marriage and did not get parental approval or approval of the court.

Voidable marriages (common law grounds)

A marriage is voidable and subject to annulment based on the common law grounds of:

(1) fraudulent inducement to marry;

(2) breach of antenuptial agreement;

(3) mistake in identity; and

(4) sexual incapacity.

Children of an annulled marriage are deemed to be legitimate.  The court may make temporary and final orders relating to children and their custody, alimony, and property distribution.

Leave A Comment