Can This Marriage be Annulled? Text Size:

Unlike a divorce, an annulment voids the marriage. In the eyes of the law, the marriage never happened. This can be important for a number of reasons. However, not all marriages can be annulled. Annulment is a legal protection set up for those who truly should not have been married for one reason or another and as such, annulment is not available as an escape route for a normal marriage. In order to obtain an annulment, you have to meet certain criteria which may vary some from state to state. Check with an attorney in your area for more details on availability of an annulment and the advantages and disadvantages of an annulment.

Availability of an Annulment

Generally speaking, an annulment may be available if the validity of the marriage can be called into question by mental, physical or legal considerations.

• Mental Considerations. There are a number of factors which can effect a person's mental state and therefore their ability to consent to a marriage. A marriage may be annulled if one party was mentally incompetent at the time of the marriage. A marriage may be annulled if one party was under the influence of drugs or alcohol when they got married. If one party was coerced into marriage, the marriage could also be annulled as it would not have been of their own free will, but rather because someone was forcing them. If a person entered into the marriage as a joke, on a dare, or without the intention to truly be bound to it, then the marriage may be annulled. Finally, if a person entered into marriage because of a belief and reliance on untrue statements by the other person, then an annulment may be possible.
• Physical Considerations. Incurable impotence so that intercourse cannot be had and the marriage cannot be consummated can be a grounds for an annulment. However, the other party must not have known prior to the marriage of the impotence of their spouse.
• Legal Considerations. There are several factors that can make it illegal to marry and can therefore be a basis for annulment. Some states may have other legal remedies besides annulment in place for a person who entered unknowingly into an illegal marriage. If the other party was still married at the time of the wedding, the marriage could be annulled. If one party was underage and did not have the required parental or court consent for marrying, the marriage may be annulled. However, if the underage spouse achieves adult age and is still married, there is a possibility that an annulment after that point will not be allowed. A marriage can likely be annulled if it is an incestuous one. Most states consider blood marriages closer than second cousins to be incestuous.

Advantages of an Annulment

The principle advantage of an annulment is that the marriage is treated as having never existed. This could be attractive for religious and financial reasons. The effects of a divorce can be long lasting and far-reaching. This is generally not the case with an annulment. An annulment usually does not include dividing up of property and the determination of support payments.

Disadvantages of an Annulment

There are some disadvantages to getting an annulment. In many states there are no-fault divorces and you can get a divorce without having to prove anything. With annulment you will have to state the grounds for the annulment and prove them. Also, unlike divorce, there may be time constraints as to when an annulment is allowed. Check with an attorney in your state for these specifics. Also ask about the complexity of getting an annulment, and find out whether or not it will be easier or more difficult than getting a divorce. Additionally, the attractiveness of an annulment in terms of no need for further contact with the other spouse might not be a factor if there are children of the marriage or other special considerations.

Annulment isn't for everyone. Only a small percentage of those who are married can even qualify for one. If you believe you fall into one of the categories that provide grounds for annulment make sure you speak with an attorney about your options and the best way to proceed.

Questions for Your Attorney

• If I've arranged for my church to consider my marriage as annulled, does it matter whether I seek an annulment or a divorce in the courts?
• Even if I can show grounds for an annulment, are there other considerations to factor in when deciding between ending my marriage via annulment or divorce, such as finances?

Related Resources on Lawyers.com^sm