Annulment (aka: Nullity) 6

Legal Invalidation of a Marriage

Annulment (also referred to as “nullity” outside the U.S.) is a means of “erasing” a marriage so that legally, it never existed. Although this process is rarely used anymore, there are certain circumstances that render a marriage invalid, meaning that the marriage was never legal in the first place.

When one or more of these conditions are present, one or both of the parties can petition the court to annul the marriage. Unlike a divorce, annulment does not address any property distribution or spousal support. Instead, both parties will part as if the marriage had never taken place – what’s his is his and what’s hers is hers. There are no future obligations between the spouses, unless the couple had a child in which case child support, custody, and visitation would need to be addressed.

To successfully seek an annulment, you must file your request with the court within a certain amount of time. This time frame will depend upon a couple of different factors – where you live, the reason for the annulment, and when you first discovered the condition that renders your marriage invalid.

For example, if a couple is seeking an annulment on the basis that one of the parties defrauded the other, the court would want to know when the fraud was first discovered. If the spouse being deceived discovered the fraud but then continued in the marriage for a considerable time after, the court would be less likely to grant an annulment and the couple would have to seek a traditional divorce instead.

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Discussion

  • dman

    What are the laws of an annulment in Alabama ?? I recently lost my father and felt alone needing someone there for comfort and to keep from going over the edge and not for love …..im still in the depressed stag and the marriage isn’t working nore helping . It seems to be making things worst then they were ! Could this be grounds for an annulment ??

  • Maurice Thompson

    What if your married and you have a child already. your spouse doesn’t want that child in the house residing with the both of you and you have to seek other means of housing due to that factor. A considerable amount of time (1+ more years) has past where you and spouse are nothing living together and not bonding together as a family.

  • mo

    I first planned on marrying my husband as an agreement. Then we both or so he said fell in love. Almost five yrs later without sex he now has a green card and I just found out he’s seeing someone. What can I do.

  • jr

    hello po want to us & need help

    nagpakasal po ako dhil nbuntis ko yung girl the reason we got marry is because of the child , she will try to abort if i will not get het to marry , that why we get marry after she gave birth our is not click and it will end , we both separate now , we also do the bow in the our house the signature of f her parent if fraud. how can i file , what is the first step ,, thanks

  • I got married 1989 but when i got my NSO marriage certificate i found out that marriage is just like a draft,,means there is an error,,1) me and my husband bithdate is not stated,,2) we both dnt have signature, 3) the priest who done the marriage dnt have signature too 4) no witness signed too,
    Please tell me what to do bec i am now seperated with my husband and i have my fiancee and we want to marry,so what do i do ,,,,do i need an annulment or my marriage is null and void..so can i marry again and can i get CENOMAR?please help me for my question,bec someone say i need to declare wether i want to be single or married,hope to hear any explanation,thank u so much!

  • sanique

    Wat if u were married at age 16 and u got a marriage certificate but that marriage wasnt consented by a parents. Would that be a case of anulment