When it comes to ending a marriage, there are two primary options: divorce and annulment. A divorce is a court decree that terminates a marriage, whereas an annulment nullifies a marriag,e as if it never existed. Because an annulment involves completely erasing a marriage history, certain qualifications must be met before getting an annulment.
Force or Duress
If one partner forced the other partner to agree to marriage under duress, this is generally grounds for an annulment. Threatening physical harm to get someone to agree to marriage also falls under the category of a forced marriage.
Fraud
Using fraud to become married may also be grounds for an annulment. Fraud occurs whenever one or both partners lie or misrepresent facts about themselves to trick the other partner into marriage. Common misrepresentations include financial status, religious affiliation, state of health, and past criminal history.
Bigamy
If one or both partners has entered into a bigamous relationship, this may also be grounds for an annulment. Bigamy occurs when a partner is still married to another person, and chooses to marry one or more additional partners.
Incest
Marriages that occur within certain family relationships, including mother and son, father and daughter, grandparent and grandchild, or brother and sister are grounds for an annulment. In most cases this type of union is prohibited by individual state laws.
Underage
A marriage can also be annulled if one or both partners are under the legal age of consent, which in most states is 18 years of age. Annulment may not be an option if the underage marriage was approved by parental consent or by a state court.
Alcohol
Marriages that occurred while one or both partners were intoxicated may also be grounds for an annulment. This is because the intoxicated partner is unable to lawfully provide informed consent to the marriage, due to mental incapacity.
Non-Consummation
The inability to consummate a union through sexual relations may also provide a route for an annulment. This includes both a physical inability to have sex, or an inability to have children due to infertility.
