Annulment Laws & Procedures
When a marriage ends, spouses might consider options besides divorce. A civil annulment is one such alternative, particularly relevant for individuals whose religious beliefs discourage or forbid remarriage after divorce, or for those who wish their marriage to be legally treated as if it never existed.
What Is a Civil Annulment?
A civil annulment is a court order declaring a marriage invalid from its beginning. When granted, both parties' legal status becomes single, not divorced. Since the marriage is legally considered never to have existed, official forms and legal records may require a person to list their prior marital history differently than if they had divorced. For example, they may be able to answer "no" to questions about whether they have been married before. Someone might seek an annulment instead of a divorce for various reasons, including religious beliefs, social stigma, or personal preference.
Void vs. Voidable Marriages
Some marriages are automatically void, like when one spouse was already married to someone else, or when close family members marry, violating incest laws. Other marriages are voidable, meaning they are valid until a court declares them invalid through an annulment proceeding. Fraud, misrepresentation, and lack of consent can make a marriage voidable.
Key Differences Between Divorce and Annulment
A divorce legally ends a valid marriage. An annulment declares that a valid marriage never existed. After a divorce, both spouses are legally single but must list themselves as divorced on legal documents. After an annulment, the law treats them as if they never married. Children born during a marriage that is later annulled remain legitimate, although religious views on this status may differ. Annulment usually requires proving specific legal grounds, while divorce in many jurisdictions can be obtained without assigning fault.
Grounds for a Civil Annulment
Civil annulments typically require more specific legal grounds than divorces. These grounds vary by state. Common grounds include:
- Fraud or Misrepresentation: This involves a crucial fact being knowingly misstated or concealed, causing the other spouse to marry. For example, hiding a pre-existing marriage would qualify.
- Lack of Consummation: In some states, if the marriage was never consummated (sexual intercourse), it may be grounds for annulment.
- Incest: Marriage between close relatives is illegal and automatically void.
- Bigamy: If one spouse was already legally married to someone else when the marriage occurred, the second marriage is invalid.
- Unsound Mind: If one spouse was mentally incapacitated and unable to understand the nature of marriage at the time of the ceremony, the marriage may be annulled. This might apply in cases of severe mental illness.
- Force: This involves coercion into marriage through threats or other pressure. For example, being forced to marry under threat of physical harm qualifies.
Property Division and Children
Rules for dividing property and debts in annulment cases often resemble those used in divorce. However, there can be specific legal considerations regarding property acquired before or during a void or voidable marriage. When children are involved, custody and child support issues are handled similarly to divorce cases. Parental rights and responsibilities typically remain intact even if the marriage is declared invalid.
The Annulment Process
Obtaining a civil annulment generally requires filing a legal petition, presenting evidence to support one of the recognized grounds, and participating in court proceedings. The timeline and procedural steps vary by jurisdiction, and case complexity can affect the overall duration. Since this is a complex legal process, it is highly recommended that anyone considering an annulment seek the advice of an attorney in their state.
