Most couples who get an annulment have been married a very short amount of time and an annulment returns them to their prior marital status without having to go through some of the steps of a divorce. In the eyes of the law, an annulled marriage never happened. However, there are a couple of things that can have an impact on the couple both during the annulment process and for sometime afterward. These are children and property.
Children
Children born during a marriage are considered legitimate. This remains true even if the parents later divorce. Likewise annulment does not change the legitimacy of the child. Even if a marriage is annulled due to bigamy or incest the children are still considered legitimate.
When couples seeking an annulment have children, the courts will have to go through the same processes involving the children that they would have to if the couple was getting divorced. This means that custody of the children will need to be awarded. The payment of child support may also be ordered.
The most pressing issue relating to children and annulments is the amount of additional paperwork and complication this brings to the process. It also ties a couple more closely together due to their shared parentage and responsibilities. Some states may require that the parentage of the child be legally established in annulment proceedings. There may also be restrictions on the father's rights as a guardian relative to the timing of the birth.
Property
Generally speaking an annulment returns the parties to the status they had before the marriage. If one partner owned a house before the marriage, after the annulment he will still own the house and the other partner will have no legal rights to it.
An annulment means that the legal protections offered to spouses will no longer apply. Not only will you not be entitled to a share of the other partner's property, you will have no right to inherit from them when they die because legally you never were their spouse. Additionally, unlike divorce, a partner cannot claim alimony with the possible exception of marriages that lasted a very long time; in some states, courts will make alimony awards.
Most annulments happen rather quickly and the couple has not had time to acquire property together. However, for marriages lasting several years that are eventually annulled, many states recognize that it is impossible to end the marriage without dividing up property and debts acquired during the course of the marriage. Then the courts may go through the steps to divide up property acquired during the marriage as well as debts acquired during the marriage. If this is the case, these steps will resemble those in a divorce proceeding.
Make sure you consult an attorney to help you understand your legal rights. If you are seeking an annulment and you and your spouse have children together or property that you acquired after marriage it is especially crucial that you seek legal help.
Questions for Your Attorney
- If my marriage is annulled, will all legal documents with my married name on them have to be changed? How about documents for my children, such as their birth certificates?
- Is my marriage of a long enough duration so that I can receive alimony if my marriage is annulled?
- If my marriage is annulled, how will my rights to property such as retirement accounts be affected - is it better to consider a divorce as a way to end my marriage, given issues about property and alimony?
Related Resources on Lawyers.comsm
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Can This Marriage Be Annulled? article
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How, Where and When Can I Get an Annulment?
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