Annulling a marriage is an alternative to divorce that allows a marriage to be wiped from the records. The most common reasons for individuals seeking an annulment is due to the discovery of information or circumstances that, if known beforehand, would have prevented the marriage from occurring in the first place. Annulment laws can vary in their details from state to state, but most general laws are subscribed to nationally.
Annulment Petition Filing
Annulments are first registered with the court system by filing an annulment petition in the court of the county where you currently reside, or in the county where you were married. This process is similar to the filing of a divorce petition. Annulment petitions can be filed by one or both parties and are then taken by the courts for processing.
Annulment Reasons
An annulment petition requires you to state your reason for seeking an annulment. This reason must fit one of the reasons for which an annulment is allowable. Commonly accepted reasons include mental incapacity due to the overconsumption of alcohol or mental illness; marriages occurring when one or more parties are currently married; marriages where one or more parties is a minor; information revealed after the marriage that one party considers significant or pertinent, such as disease or criminal record; or marriages done forcefully.
Child Restrictions
If a couple has a child together, most states do not allow an annulment as an option to the couple. This is because the divorce process and proceedings are designed to regulate the division of child custody and child support.
No Time Frame
Annulments can occur at any point during the marriage, though certain factors, such as children, may disqualify married couples from seeking an annulment.
Erasure of Marriage
An annulment strikes marriage from any official court or marriage records. This is the primary difference between annulments and divorces, which will remain on record permanently.
