Reaching a juncture in your marriage at which you desire to part ways with your spouse, you likely wonder what options are available to you. Divorce represents an obvious decision. However, depending on the facts and circumstances surrounding your marriage, an annulment is an option you might consider. In making a decision regarding an annulment, you need to understand the basics of such a legal action.
Function
The function of annulment is a declaration by a court that an alleged marriage never legally existed in the first instance, according to ExpertLaw. An annulment restores a couple to the legal status that existed before the alleged marriage, to a position as if they never wed.
Considerations
Across the country, laws governing annulment utilize essentially the same factors to determine the appropriateness of this type of judicial relief. Considerations include the capacity of the parties. If a party was a minor or mentally incompetent at the time of the wedding, no valid marriage exists. If a party was a minor at the time of the wedding, the resulting marriage is invalid.
Time Frame
In theory, a couple can seek an annulment at any time following the commencement of the alleged marriage. The passage of time alone does not automatically prevent a couple from seeking an annulment. In most cases, a couple pursues an annulment not long after the wedding, typically within the first year.
Misconceptions
A fairly prevalent misconception is that annulment is confined to a religious declaration that a marriage is invalid, according to "Family Law" by by William P. Statsky. In fact, not only do some churches provide congregants with spiritual annulment, civil laws across the country provide for annulments as well. The fact that a church annuls a marriage has no bearing on a civil annulment proceeding, and vice versa.
Expert Assistance
Annulment cases require an understanding of complex legal principles and associated court proceedings. As you contemplate such a proceeding, seriously consider retaining the services of an experienced attorney, a lawyer who represents clients in annulment cases. The American Bar Association maintains helpful resources to aid you in finding an appropriate lawyer. These include contact information for local and state bar associations across the United States.
