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Family Law

Annulment

There are some limited circumstances in which you may week a legal annulment of your marriage. This is to be distinguished from a religious annulment, which are offered by some religions. Marriages that are subject to annulment are categorized as either void or voidable. All void marriage may be annulled, but not all voidable marriages will be annulled, and it depends on all the circumstances as to whether a voidable marriage will be annulled, and even a void marriage can be rehabilitated.

If you believe you may be entitled to an annulment, or if your spouse is seeking an annulment, you need the guidance of an experienced family law attorney.  Contact us today for a consultation to see how we can help.

Grounds for Annulment

Some of the common grounds for annulment are:

  • Bigamy (one of the spouses was legally married to another person at the time of the subject marriage)
  • The marriage is incestuous (the couple is too closely related by blood or marriage)
  • One spouse lacked the capacity (ability) to consent to marriage because at the time of the ceremony the spouse was suffering from a serious but temporary mental problem or was under the influence of intoxicating alcohol or drugs
  • One of the spouses used fraud or misrepresentations to trick the other spouse into entering the marriage (the fraud or misrepresentation must go to the essence of the marital relationship)
  • Either or one spouse entered into the marriage under duress or coercion
  • One or both spouses were underage and did not have the consent of his/her parent or guardian
  • One spouse was impotent and the other spouse didn’t know it at the time of marriage

Marriage that are voidable can be ratified by the act of consummation after the injured party becomes aware of the fraud, duress, or after the temporary lack of capacity is over.

Even if the marriage is clearly a “void” marriage, a legal order/judgment of annulment should still be obtained, so that everyone is on notice that the marriage which may appear to have been valid, was not ever a valid marriage.

If you think you are entitled to an annulment, or if your spouse is seeking an annulment, contact us today for a consultation to see how we can help.

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Combs Greene