Top 5 Annulment Tips
Annulment is defined as the legal procedure to declare a marriage void & null. An annulment differs from divorce when the court ends a legal marriage as if the marriage never existed. As a legal term, annulment refers only to making a voidable marriage null; if the marriage is void then it is automatically null, although a state recognized legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process.
Annulments nullify the marriage and return each party back to their prior single status apart from the bonds of marriage. There are specific legal requirements for a marriage, and it is important to know what these requirements are before pursuing an annulment.
Requirements for an Annulment
There are cases where the length of a marriage is taken into account. Couples can get their marriage annuled if the ceremony is performed within 72 hours of issuing a marriage license and can also be annulled if the couple were under the influence of drugs or alcohol. Some other grounds for an annulment include:
If one party was unable to consummate the marriage
If one person is still legally married when the current marriage took place
If one or both parties were under the legal age to get married
If there is a close blood relationship between parties
Annulment Tips
Many states have a residency requirement for eligibility for an annulment. There may also be other state specific requirements, so consult local law regarding your case. In some cases, mental illness that is permanently debilitating or substance abuse are valid reasons why a court might grant an annulment. If you find out that you are a close relation to your spouse, you may be able to get an annulment based on the consanguinity doctrine. Annulments granted by a church are not necessarily legally binding, so it is not legal under the law. This can be important because some states consider assets and debts that are acquired during marriage to belong to both of the spouses. Bigamy committed by either spouse can be grounds for a judge granting an annulment. Generally, some showing of proof will be required for these and other annulment grounds.
Annulment Help
Annulling a marriage is similar to a divorce proceeding, so parties should always seek legal advice if they are considering a marriage annulment. In many situations an annulment may not even be an option. A local family law attorney in your state will be able to help you determine which is the best option for your situation.’
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