Annulment

Annulment

An annulment is a legal process that declares a marriage to be invalid. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as though it never existed in the first place.

Much like a divorce or legal separation, a declaration of invalidity action starts by the filing of a complaint (the “petition.”) Service must occur on the other party (the “respondent,”), and from there the procedures and laws applicable in a divorce or legal separation action are the same/or apply in the invalidity action. 

An annulment can only be granted under certain circumstances, such as:

1. Lacked Capacity to Consent. A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity, or because of the influence of alcohol, drugs, or other incapacitating substances.

2. Inability to Consummate and Other Was Unaware of This. A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity.

3. Underage and No Parental Consent. A party was under the age provided by law and did not have the consent of his or her parents or guardian, or judicial approval as provided by law.

4. Fraud that Goes to Essence of Marriage. One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage.

5. Duress. One or both parties entered into the marriage under duress exercised by the other party or by a third party, whether or not such other party knew of such exercise of duress.

6. Jest or Dare. One or both parties entered into the marriage as a jest or dare.

7. Bigamy/polygamy. A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

8. Incest - Parent/Child or Siblings. A marriage between an ancestor and a descendant or between a brother and sister, whether the relationship is by the half or the whole blood; and

9. Incest – Aunts/Uncles/Nieces/Nephews. A marriage between an uncle and a niece or an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures;

10. Invalid/Void.  A marriage which was void by the law in the place where such marriage was contracted.What is Relocation?