If you find yourself desiring to end your marriage, you may be debating whether a divorce or an annulment makes the most sense for you. An annulment is a declaration by the court that a proper marriage never existed in the first instance, according to ExpertLaw. Part of this process of weighing and balancing the pros and cons of both procedures is to understand the basic steps associated with getting an annulment.
Determining Grounds for Annulment
The first step to take in attempting to seek an annulment is determining whether grounds exist to seek such judicial relief. You must satisfy a limited set of criteria to qualify for an annulment. Grounds for annulment in the United States include lack of capacity to marry in the first place, due to a person being a minor or mentally unable to enter into a contract for marriage. Another example of grounds for annulment would be if the parties were too closely related. For instance, first cousins cannot legally marry.
Petition for Annulment
The next step to obtain an annulment is preparing a petition for annulment. In some jurisdictions this document is called a complaint for annulment. If you do not hire a lawyer, you likely can obtain a petition for annulment form from the clerk of the court in the county where you live. The petitions requires basic information, including a statement of the specific grounds upon which you believe an annulment of your marriage legally is appropriate, according to the American Bar Association Section of Family Law. Once you complete the petition form, you file it with the clerk of the court.
Settlement Agreement
If your spouse generally agrees that an annulment represents a proper course, the next step is attempting to reach a settlement of other issues between you. Ideally, you enter into a settlement agreement that resolves issues associated with the case, including financial and child-related matters.
Annulment Hearing
If you fail to reach an agreement to settle issues with your spouse, the court will schedule a hearing or trial to resolve the case, according to "Family Law" by William P. Statsky. An annulment hearing or trial is not that different from a similar proceeding in a divorce case. The judge hears evidence from the parties, listens to arguments, and makes judgments regarding all outstanding issues.
Annulment Decree
Upon the parties reaching a settlement, or at the conclusion of a hearing or trial, the judge issues an annulment decree. The order declares the alleged marriage null and void. Additionally, the decree sets forth the court's mandate regarding other issues, including dividing your assets and debts, as well as establishing custody, visitation and support for the children.
Legal Representation
One step to consider before you commence an annulment case is retaining a lawyer. The reality is that annulment laws and procedures are complex. Your interests likely are best protected through representation by an experienced attorney. The American Bar Association maintains consumer resources to aid you in locating an attorney in your area.
References
- ExpertLaw: Annulment Law
- "Family Law"; William P. Statsky; 2001
- American Bar Association: Section of Family Law
