All states provide a mechanism through which a couple is able to annul a marriage, according to ExpertLaw. The availability of annulment is limited. A couple must demonstrate that a legal impairment existed at the time the couple attempted to wed, rendering the actual marriage invalid. These impairments include a party being underage, a party being mentally incompetent, or a party being forced to wed. In addition to annulling a marriage, a court possesses authority to deal with property settlement issues.
Function
The function of a marriage annulment proceeding is to declare the invalidity of an alleged marriage, according to ExpertLaw. In other words, the annulment process results in a determination that no marriage existed in the first place. In addition to this declaration, an annulment decree also addresses certain issues relating to finances and children.
Division of Assets and Debts
As part of the resolution of an annulment case, the court divides property and debt accumulated by the parties during the time they lived together as an alleged husband and wife. The court applies the same standard mandated by state law in divorce cases. In a community property state, assets and debts are divided evenly between the parties. In an equitable division state, the judge distributes assets and debts between the parties in a manner deemed fair according to the facts of the case and circumstances of each individual.
Misconceptions
A common misconception is that a spouse can seek alimony in an annulment case in the same manner that it is sought in divorce proceedings. In fact, the opposite is true. In a majority of cases, annulment is not likely ordered. The rationale is that no legitimate marriage existed in the first place. Alimony laws presume the existence of a valid marriage. With that said, a court likely will approve a voluntary alimony agreement reached between the parties.
Children
Children are not deemed illegitimate because of an annulment decree, according to the American Bar Association Section of Family Law. Rather, as part of annulling the marriage, the court issues the same types of custody, visitation and support orders found in divorce cases. An important aspect of dealing with child-related issues in an annulment case is ensuring that a noncustodial parent provides proper financial support for children. The court utilizes the same child support guidelines and worksheet to determine a noncustodial parent's financial obligation used in a divorce proceeding in an annulment case.
Expert Assistance
Annulment cases represent complicated legal matters, including resolving financial issues. If you contemplate such a case, consider retaining the services of an experienced lawyer. The American Bar Association maintains resources to aid you in finding the right lawyer for your annulment case.
