Annulments

A civil annulment, also known as an “invalidation” of marriage, is difficult to obtain legal remedy. Unlike a divorce, which simply declares that a marriage has ended, an annulment virtually erases a marriage, stating that the marriage was never valid to begin with. This article gives a brief overview to annulments, requirements for an annulment, and what happens after an annulment.

Requirements for Annulment

The acceptable grounds for annulments are not easy to meet and the annulment laws vary from state to state. Most states only allow an annulment to be granted when a marriage is less than a year or two old and satisfies one of the following criteria:

• Fraud or Misrepresentation: In order to obtain an annulment on the grounds of fraud or misrepresentation, the parties must show that a) they were deceived by the other party and b) had they known the truth, they never would have agreed to the marriage. Common types of “fraud” include homosexuality, drug or alcohol addiction, or the inability to consummate the marriage sexually.
• Lack of Capacity to Consent/Lack of Consent: Parties under the legal marriageable age in each state do not have the legal capacity to consent to marry. Additionally, those who suffer a mental impairment, were under the influence of drugs or alcohol at the time of the marriage, or who were forced into the marriage by means of violence or certain kinds of threats can sometimes be found to have lacked the capacity or not to have consented to the marriage.
• Consanguinity: “Consanguinity” means that the parties are too closely related to be allowed to marry. In every state, marriage is prohibited between biological parents and children, brothers and sisters, nieces and uncles, and aunts and nephews. Most states also outlaw marriage between first cousins, though some allow marriage between first cousins over age 50.
• Non-consummation: The inability or refusal of one party to sexually consummate the marriage may is sufficient in and of itself to obtain an annulment in most states.
• Bigamy: Discovering that one of the parties was already legally married at the time of the marriage is grounds for obtaining an annulment. However, some states do not require in annulment in such situations, stating that the marriage was invalid from the start.

Getting an Annulment

Though the process of annulment differs in every state, there are certain steps you can take in every jurisdiction to increase your chances of obtaining an annulment:

• Research the civil annulment laws in your state. Make sure that, before you file for an annulment, you satisfy the necessary requirements.
• Consult with a qualified family law attorney. Because annulments are typically difficult to obtain, it’s best to speak with a lawyer about whether you qualify for an annulment and what possible defenses could be raised by your spouse.
• Once you’ve decided to seek an annulment, prepare a proper and file petition seeking an annulment on your own or with the help of an attorney. Sample annulment petitions are available for every state at a low cost on many websites selling legal forms. In addition, the local clerk of court’s office may have a sample petition or standard annulment form available.
• Serve your spouse with a copy of the petition for annulment. Laws regarding service of process vary in every state. However, the best way to make sure your spouse is properly served with notice of your petition is to hire a professional process server.
• Once your petition has been filed and your spouse served, you will be given a court date in which to appear before a judge. At that time, your spouse will most likely have the option of responding to the petition for annulment or admitting the facts in the petition as true. A judge will then determine whether or not to grant the annulment. Note that a legal, civil annulment is different than a religious annulment and can only be granted by a judge.

After an Annulment

After your annulment has been granted, you may wish to check with the county in which you filed your petition for annulment to make sure that the annulment has been properly entered in the state or county records. Make several copies of the court order granting your annulment, as you may need to produce these in order to change your name, change your marital status with the Social Security Administration, and to remove your spouse from your health insurance, retirement accounts, and life insurance policies.