As If It Never Even Happened: What To Know About Annulments

Most of the time, couples carefully consider the decision to marry; they take some time to think things through. If you, however, have recently married and now find that you have made a terrible mistake, you may be considering the possibility of having an annulment instead of a divorce. It should be cheaper and quicker, right? Before you take another step, read on to learn more about annulments and what it could mean for you.

Why an annulment?

While not a actual valid legal reason to get an annulment, religion played a key role in it's invention. Long ago, divorce was not recognized by churches as a legitimate way to leave a relationship. Annulments presented a way for those who could not divorce to part ways in a manner that would leave them on the good side of their chosen religion. The Catholic church still does not allow those who have divorced their spouses to fully participate in some religious practices. Those with annulments, however, suffer no such bars to participation.

There must a good reason.

Annulments offer couples a manner of parting that goes far beyond religious considerations, however. It may be surprising to know, but an annulment is not simply a divorce alternative, but a legal manner of declaring that there was never any marriage at all.

Furthermore, unlike the advent of no-fault divorce, an annulment is not possible without a valid reason, such as those below. It should be noted that protestations of being too impulsive or for religious reasons, are not reasons for a legal annulment. These, however, are:

Against the law: Each state has it's own laws about marriage, so if the marriage violated one of those rules, the marriage is considered to have never been legal and would be therefore eligible for an annulment. One example would be a marriage that took place where at least one party was not old enough to legally marry. Other issues that are included in the non-legal category are bigamy or incestuous relationships.

Force: If one party (or both) was forced against their wishes to marry, it may be grounds for annulment. For example, parents forcing a child to marry due to pregnancy could be grounds for an annulment.

Mental incapacity: Both parties must have the mental capacity to be of sound mind when the marriage took place. For example, those with mental disabilities may have grounds for an annulment.

Fraud: One party tricked another into marriage.

Not consummated: If no sexual relations ever took place, you may be able to have the marriage annulled.

Under the influence: If drugs or alcohol caused a temporary incapacity, the marriage may be annulled.

For those who have no grounds.

If none of the above reasons apply to your situation, take heart, you may still have options that could result in a quicker and less expensive manner of divorcing. Many states offer couples who plead "irreconcilable differences" the option to take part in a "simplified" or "summary" divorce. These types of pleadings will only work for those who plans to part are uncontested, don't have minor children and have almost no property or debt to be divided.

Talk to an attorney, such as Gomez May LLP, for more information. 


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