Annulment 2018-03-16T13:10:40+00:00

Annulment

Marriage is one of the most expressive acts of love between two consenting adults. However, sometimes people get too caught up in the emotion and end up making rash decisions concerning matrimony. When that happens, don’t freak out; the system is set up so that when a decision is made too fast, or is made because of false information or cruel intentions, there’s a way to void the nuptials so as to legally invalidate the marriage. Annulment, or the nullity of marriage or a domestic partnership, happens when the court declares that your marriage or domestic partnership was never legal, thus returning your status to single.

At King Law Firm Attorneys at Law, Inc., we realize mistakes happen and that sometimes people can be pressured into doing something they aren’t ready for. We seek to help those who have entered into an illegal or unwanted marriage or domestic partnership terminate their nuptials quickly and without stress.

Conditions for Annulment

The first thing to remember is that the person filing for an annulment must prove under oath that they meet at least one of the required conditions before a marriage or domestic partnership can be found invalid. Those conditions include:

  • Incest: When the parties involved are related by blood.
  • Age: When the parties involved are under the age of 18.
  • Bigamy: When one spouse is knowingly in a legal marriage or domestic partnership with someone else at the time of the marriage.
  • Prior marriage or partnership exists: As opposed to bigamy, this is when one of the parties is already in a legal marriage or domestic partnership, but previously thought the spouse or partner to have been absent and/or deceased for 5 years.
  • Unsound Mind: When either party was unable to understand the required obligations of marriage or partnership.
  • Fraud: When one party deceives the other party, or the marriage is conducted under false pretenses. This includes marrying for the sole purpose of obtaining a green card or hiding the inability to bear children, among others.
  • Force: When one party is forced by the other into marriage or partnership.
  • Physical Incapacity: If one party is physically incapacitated and is unable, or incapable of, consummating the relationship, and this incapacity appears to be incurable.

There are detailed explanations for how to prove there’s a legally valid reason for an annulment, but if you are unable to prove these details to a judge, the marriage or domestic partnership will remain valid. It’s always best to consult with an attorney to find out if you meet the criteria prior to filing for an annulment.

Statute of Limitations

Unlike a divorce or legal separation, annulments do have a statute of limitation, or deadline for filing for an annulment. The period of time for which you have depends on the reason for the annulment.

  • Age: The underage party must file within 4 years after reaching the age of 18.
  • Prior marriage or partnership exists: There is no limitation for this.
  • Unsound Mind: The party seeking annulment (which may include a relative or conservator) must file prior to the death of either party.
  • Fraud: Must be filed within 4 years after discovering the fraud by the party being deceived.
  • Force: Must be filed within 4 years by the party who was forced into marriage or registering for domestic partnership.
  • Physical Incapacity: Must be filed within 4 years of getting married or registering for domestic partnership by the party claiming his or her spouse or partner is incapacitated.

Rights and Obligations

Unlike a divorce or legal separation, annulments do have a statute of limitation, or deadline for filing for an annulment. The period of time for which you have depends on the reason for the annulment.

  • Age: The underage party must file within 4 years after reaching the age of 18.
  • Prior marriage or partnership exists: There is no limitation for this.
  • Unsound Mind: The party seeking annulment (which may include a relative or conservator) must file prior to the death of either party.
  • Fraud: Must be filed within 4 years after discovering the fraud by the party being deceived.
  • Force: Must be filed within 4 years by the party who was forced into marriage or registering for domestic partnership.
  • Physical Incapacity: Must be filed within 4 years of getting married or registering for domestic partnership by the party claiming his or her spouse or partner is incapacitated.

King Law Firm Attorneys at Law, Inc. understands that every case is unique. If you believe you have entered into an illegal marriage or domestic partnership and would like to file for an annulment, contact us to make sure this is the right course of action and find out what will happen should your marriage or domestic partnership be found invalid.

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