All 50 states maintain laws that permit an allegedly married couple to pursue an annulment, according to the American Bar Association Section of Family Law. These laws contain strict requirements regarding when and how a person can seek an annulment. Although some similarities exist, there are also significant differences between an annulment and a divorce case.
Function
The ultimate function of an annulment proceeding is to obtain a court order that declares a marriage null and void. A court order of annulment means that no valid marriage existed in the first place, according to ExpertLaw.com.
Misconceptions
The most common misconception associated with annulment is that this type of case results in the same outcome as a divorce. While an annulment case results in a declaration that a marriage was invalid from the outset, a divorce recognizes the ultimate validity of the marriage itself. A divorce terminates a legally valid marriage.
Limitations
Obtaining an annulment potentially limits the ability to obtain alimony or spousal support otherwise available in a divorce case, according to ExpertLaw.com. Alimony is oftentimes denied under the theory that no valid marriage existed in the first place. Additionally, some states frown on granting annulments if a marriage produced children.
Considerations
A marriage can be declared invalid in a few different ways, according to DivorceNet.com: if a person consented to marry because of fraud or duress; if the partners to an alleged marriage are close blood relatives; and if one or both parties lacked capacity to marry--incapacity includes not only a mental impairment but also not being of a legal age to wed in the first place.
Expert Assistance
Annulment cases involve complicated laws and court procedures. As you debate the prospect of proceeding with an annulment, consider retaining an attorney. State as well as local bar organizations maintain directories of attorneys that represent clients in different types of cases. The American Bar Association maintains contact information for these groups:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
