Annulment

While each individual state has its own laws regarding grounds for marriage annulment or divorce, certain requirements apply nationwide. An annulment case can be initiated by either party in a marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. Some of the common grounds for annulment are:

• Bigamy. Either party was already married to another person at the time of the marriage
• Forced Consent. One of the spouses was forced or threatened into marriage and only entered into it under duress
• Fraud. One of the spouses agreed to the marriage based on the lies or misrepresentation of the other
• Marriage Prohibited By Law. Marriage between parties that based on their familial relationship is considered incestuous
• Mental Illness. Either spouse was mentally ill or emotionally disturbed at the time of the marriage
• Mental Incapacity. Either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent
• Inability to Consummate Marriage. Either spouse was physically incapable of having sexual relations or impotent during the marriage
• Underage Marriage. Either spouse was too young to enter into marriage without parental consent or court approval

Depending on your state of residence, a divorce can be much more complicated than an annulment.

Like annulment cases, each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has produced children, a divorce proceeding determines custody of the children, visitation rights and spousal and child support issues.

The professional partners at DivorceLink specialize in areas of Annulment and are here to provide any assistance you may need.

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