What happens to children if a marriage is annulled?

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Question:

What happens to children if a marriage is annulled?

Answer:

Annulment is a legal way of erasing the marriage between couples, as if it never really existed in the first place. However, unlike divorce, property division and spousal support/ alimony is not discussed.

There are two kinds of annulment, civil annulment which is granted by the state, and religious annulment which is given by the church.

However, if the couple had children and annulment has been filed, the child support, custody, and visitation agreement will have to be discussed as part of the annulment proceedings.

It is a common misconception that children of parents who had their marriage annulled are illegitimate. Annulment doesn’t affect the legitimacy of children born into a marriage.

Under the Roman Catholic Church, a couple wanting to have their marriage annulled must do so after getting a civil divorce. By doing this, one or both may remarry and have their second marriage be recognized by the Catholic Church.

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.

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