All states maintain laws that permit an allegedly married couple to obtain an annulment. An annulment is a procedure typically conducted in family court. An annulment case commences through the filing of a petition or complaint, in the same manner that a divorce proceeding is initiated, according to the American Bar Association Section of Family Law.
Function
The function of an annulment is obtaining a court decree declaring your alleged marriage invalid, according to ExpertLaw. Although annulment proceedings share similar elements with a divorce case, the marriage is not terminated. Rather, the court determines that no true marriage existed in the first place.
Considerations
In granting an annulment, a court considers a number of potential factors to support a contention that no true marriage took place in the first instance. A common factor is that one or both spouses were minors at the time of the ceremony. Another factor is that one or both spouses lacked mental competence. If one of the parties was induced to marry by fraud or threat, an annulment may be proper.
Misconceptions
One of the common misconceptions associated with annulment is that it is solely a religious proceeding, a process in certain churches to declare a marriage invalid. Annulment is a process used by some churches, primarily the Roman Catholic Church, to declare a marriage invalid, usually after the couple obtained a civil divorce. However, civil annulment is a separate process, independent of any church related proceeding.
Time Frame
Most annulments occur during the first year or two a couple is married. Although logically a claim of annulment is asserted early on in a marriage, the fact is that most state laws do not place time restrictions on when an annulment proceeding must be filed, according to ExpertLaw.
Expert Assistance
Due to the complexity of annulment laws and companion procedures, if you contemplate filing such a case, consider seriously retaining an attorney. Make certain that you hire a lawyer with specific experience in representing clients in annulment cases. The American Bar Association provides consumer resources that include access to local and state attorney organizations. These groups typically maintain directories of attorneys in different practice areas, including family law and annulment cases.
References
- ExpertLaw: Annulment Law
- American Bar Association: Section of Family Law
- "Family Law"; William P. Statsky; 2001
