Annulments

Annulments

Annulments of marriage are rare in today's society, but the procedure is still available if the necessary legal grounds are present. The legal theory underlying annulment is that the marriage was never valid to begin with. It basically means the marriage never existed. Marriages subject to annulment proceedings are classified as "void" or "voidable" and are sometimes called a nullified marriage.

Annulment is distinct from divorce in that a divorce terminates a previously valid marriage. As in divorce, however, in annulment cases the court may award custody of children of the marriage and require payment of child support and support of a party. Securing the representation of an experienced family law attorney at Jonathan D. Katz in New Paltz is the best way to ensure that you understand the process and preserve your rights. If you are interested in pursuing an annulment contact our firm today.

Courts will order an annulment if one of the following elements can be established:

• Mental Illness, Insanity or Mentally Challenged: If a person is married while mentally ill, insane or so mentally challenged that the person could not knowingly and understandingly consent to the marriage the marriage may be annulled. Annulments are granted on the theory that marriage is a consensual relationship and that such persons are legally incapable of consent.
  
  
• Temporary Insanity: If temporary or periodic insanity is claimed, the condition at the time of marriage governs whether or not capacity to marry was present. A marriage will not be annulled if entered into during a lucid interval.
  
  
• Fraud: If one of the parties did not tell the truth or misrepresents information in order to induce the other party to enter into the marriage then it may be annulled based on fraud.
  
  
• Lack of Consent or Duress: If a person is compelled to marry another under threat of violence sufficient to overcome the mind and will of a person of ordinary mental firmness, the marriage may be annulled on the theory that marriage is a consensual relationship and that compulsion is inconsistent with consent. Actual threats of serious violence are required.
  
  
• Intoxication: If either spouse was under the influence of drugs or alcohol at the time of the marriage or the complaining party can show there was intoxication at the marriage ceremony to such a degree as to render that person incapable of knowing the nature of the marriage contract and its consequences, annulment will be granted.
  
  
• Inability to consummate the marriage: To obtain an annulment for impotency, the moving party must prove that the other spouse was permanently and incurably impotent when the marriage was entered into and that the moving party did not discover the fact until after the marriage.
  
  
• Lack of parental consent for an underage marriage: Most states have age requirements for marriage. Generally, persons under the age of 18 must have parental consent. If an under-age person managed to obtain a marriage license without court or parental approval, the marriage would be subject to annulment.
  
  
• One of the people is already married (bigamy): A marriage entered into before the dissolution of an earlier marriage of one of the parties becomes final.
  
  
• Incestuous marriage: All states prohibit all marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins.
  
  
• Same-Sex Marriages: Only Massachusetts recognizes same sex marriages, however same-sex marriages are still subject to annulment.
  
  
• Mock Marriages: Marriages that are entered into with no intention that it should not be binding is considered a mock marriage. If the couple agrees to marry to accomplish a specific objective, such as legitimizing a child, the majority of courts will regard the marriage as valid and will not grant an annulment.
  
  

Consequences

If your marriage is annulled you forfeit the rights that you enjoyed as a married person, but you also are free to marry another person without going through the divorce process. Some of the rights you will give up include:

• Marital property rights: For example, if you are not the legal owner of the house, your former partner may sell it or lease it without your consent. The same is true of other properties of which you do not share legal ownership.
  
  
• Succession Rights: You are no longer legally entitled to a share in your former partner's estate if he or she dies.
  
  
• Spousal Support, Maintenance or Alimony: Courts will not award any financial support to you, however, child support may be awarded.
  
  
• Father's Guardian Rights to a Child: Fathers are only given guardian rights if the father can prove he reasonably believed the marriage ceremony was valid and the child was born before or within ten months of the annulment order.
  
  

Conclusion

An action for an annulment must be started by a certain time. The time limit depends on the type of marriage and the state in which you live. If you have questions about the time limit, or would like to learn more about how the laws of your state apply to your situation, contact an experienced family law attorney at Jonathan D. Katz in New Paltz.

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