A judicial decree of annulment is a
declaration that a marriage never existed. There are a number of
reasons why a judge may grant an annulment but this is disfavored by
judges who prefer to grant parties a divorce.
A marriage requires two competent
people to go through a wedding ceremony performed by a person who is
vested with the power to marry people. The formalities of a wedding
require the parties to create a contract between and to comply with
all state requirements. An annulment can be granted if no valid
contract was created at the time of the marriage ceremony or if there
was a failure to meet certain state requirements. Not every failure
to comply with state procedures will permit an annulment and, in some
instances, the conduct of the parties over a period of time could
result in ratification of the marriage thereby making the marriage
valid. An annulment can be granted if there was a lack of consent to
the marriage, or a legal impediment to the marriage.
A lack of consent can occur if there
was fraud relating to the essence of the marriage, duress, or mental
incapacity. Not every fraudulent statement goes to the “essence”
of the marriage. Examples of fraud that arises to this level are:
false statements about intent to cohabit or have sexual intercourse,
false statements about pregnancy and paternity of the unborn child,
false statements about religion, and false statements about intention
to have children. Other false statements such as statements about
finances may not be sufficient to go to the “essence of the
marriage.” Fraud requires a fact to be misrepresented. However
misrepresentation is not the same as concealment. Failure to discuss
intent to have children is a concealment and not a fraudulent
misrepresentation. To obtain an annullment there must have been an
actual statement made on a topic that goes to the essence of the
marriage.
The grounds of duress means that at the
time of the wedding ceremony a party was under duress of a level that
they were unable to exercise free will. An example of this is a
shotgun wedding. The threat of bodily harm or death for failure to
go through the ceremony is sufficient for an annulment.
Mental incapacity can occur when a
party is under the age of consent or has a mental disease or defect
that interfere's with their ability to form the intent to enter into
a contract. However, if a party lacks mental capacity they may be
able to get married if a parent or a guardian consents to the
marriage. State law varies on the age of consent and procedures for
obtaining permission for incompetents to marry. It may be necessary
to obtain permission from a judge to make the marriage valid.
An annulment can be granted if there is
an impediment to a marriage. This means that one party to the
marriage is married to another person and the prior marriage had not
terminated at the time of the new wedding ceremony.
Every State prohibits certain people
from getting married. The list of people prohibited from getting
married is based on close family relationships. Siblings can't get
married and parents can't marry their own children. Most states
prohibit marrying step-children or parents-in-law. The list varies
from state to state.
Annulment is a complicated area of the
law and is generally difficult to obtain. In comparison, divorce can
be obtained based on no-fault grounds. This means that the parties
could go through a protracted trial to determine if an annulment
should be granted but at the end still be married. In a no-fault
divorce, the parties never contest the issue of whether a divorce
should be granted. A judge must grant a no-fault divorce but does
not have to grant an annulment.
If you are considering an annulment you
should consult a family law attorney who can discuss your options and
advise you concerning both annulment and divorce.
