An annulment is a specific method for ending a marriage. Unlike a divorce, which dissolves a once-existing legal marriage, an annulment declares that no legal marriage existed in the first place. Annulments are only given for specific events that make a marriage void or voidable, such as if the spouses are close blood relatives, if one spouse was already married at the time, or if one spouse concealed from the other his inability to have children.
Definition
An annulment establishes that a valid marriage never existed because the parties were unable to legally enter into a marriage with one another or because the marriage was entered into under duress, coercion or fraud. An annulment places both parties in the position they were in before marriage. In this way, an annulment differs from a divorce. A divorce is the ending of a valid, existing marriage, and property rights and other issues are settled based on the fact that a marriage once existed. In an annulment, however, issues are settled as if no marriage ever existed.
Elements
In most states, an annulment will only be granted for specific reasons. For instance, you and your spouse may not be close blood relatives. In most states, first cousins or closer may not marry. An annulment may be available if one spouse was not legally old enough to consent to marriage, or if one spouse does not have the mental capacity to consent, as is the case with some mental disorders. If one spouse was already married to another person, the marriage may be annulled. Finally, a spouse who entered a marriage under threats, duress, coercion or by fraud if the other spouse concealed her criminal background, infertility or impotence may seek an annulment.
Exceptions
Although an annulment declares that a marriage never existed, issues surrounding any children born to the couple are generally handled as they are in a divorce. Children born during the marriage are considered legitimate even if the marriage is later annulled. Also, the court handling the annulment will settle disputes over child custody and child support just as if the couple were having a divorce.
Misconceptions
An annulment is not equal to a divorce, particularly if there are issues of property ownership to be settled. Also, an annulment can only be given for specific reasons. Most states, on the other hand, offer no-fault divorce, which is usually granted for an "irretrievable breakdown of the marriage" or "irreconcilable differences," catch-all terms that can cover any dispute the parties cannot resolve. The length of time a couple has been married usually will not affect whether the couple qualifies for an annulment.
Religious Annulment
A religious annulment differs from a legal annulment. A religious annulment is required by some faiths, such as the Roman Catholic Church, if the spouses wish to marry a second time within the church. A religious annulment has no effect on a legal annulment, nor does a legal annulment qualify as a religious annulment. A religious annulment, or "declaration of nullity," deals only with the concept of marriage as a religious sacrament. Persons seeking a religious annulment should discuss the topic with their clergy or parish social worker.
