What Are The Grounds For an Annulment? 4

Qualifying to Erase Your Marriage

Unlike a divorce, an annulment declares that the marriage never existed, i.e., it erases the marriage bond as if it never occurred. So, while divorce proceedings look for a reason to end the union, an annulment proceeding looks for a reason to declare the marriage shouldn’t have existed in the first place.

Because of this, grounds for an annulment focus more on the legal and moral capacity to marry than on the fault of one of the parties. And while the laws may vary from state to state, most will grant an annulment if one or more of the following circumstances exists:

  • Either spouse was legally married to another at the time of your marriage
  • Either spouse was underage at the time of the marriage and did not have parental consent or court approval
  • Either spouse was under the influence of drugs or alcohol at the time of the marriage ceremony
  • Either spouse was coerced or forced to get married through threats or other forms of intimidation
  • Either spouse made fraudulent statements or representations to the other to facilitate the marriage, assuming that the misrepresentations have not been “forgiven” since the time of discovery
  • Either spouse was incurably impotent or sterile at the time of the marriage, provided that the spouse knew of the sterility and the spouse seeking annulment was unaware of this physical defect.
  • The spouses are related to an extent that makes the marriage illegal under the law

These grounds can be broken up into two categories: those that constitute a void marriage and those that constitute a voidable marriage.

Grounds that constitute a void marriage are elements that prevent the marriage from ever being legal, as in the case of close relatives marrying. Grounds that constitute a voidable marriage are those that assume the parties would not have married had the circumstances been different and an annulment will be granted if one of the parties makes the request. Grounds that fall into this category include fraud, infertility and marrying under the influence. It is important to note that voidable marriages can become “legal” and un-voidable if circumstances change.

For instance, if a couple marries and later discovers that one of the parties was impotent or sterile, the other spouse could petition for an annulment if it was proved that the first spouse knew of the sterility but failed to disclose this information.

However, if the impotence or sterility is discovered and the parties continue to live as a married couple, the marriage becomes legal and an annulment is no longer an option.

Some states also allow annulments in cases where the parties entered the marriage without the intention of staying married, as in a trial marriage. To know for sure if you have grounds for an annulment, you should consult the laws of your state.

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Discussion

  • Malissa Gadlage

    in NC, If you turn in your divorce papers and then go down stairs and get married is it legal? How long do you have to wait for it to be legal? If it is, And she abandons you and her children 2 months later, can it be annulled?

    • There is usually a waiting period to receive your final divorce judgment after you submit the paperwork to the court. You should consult the website for your county court house.

  • Sherri Johnson

    Is the marriage valid if the person you married has a different name on his birth certificate than the name that he married with?

  • Leslie Whitmore

    can alimony from first marriage be reinstated if second marriage is anulled