How to Make Sure Yours is Legal
Despite the best intentions, couples sometimes discover that their marriage is invalid. What they should do next will depend upon the issue in question.
There are basically two types of invalid marriages: those that are void and those that are voidable. Void marriages are those that cannot legally exist and therefore are deemed to never have been valid. Void marriages are generally limited to unions where one party is already legally married to someone else(bigamy) and those between underage parties (lack of consent) or close relatives(incest) .
In these cases, an annulment would be granted and the marriage would be legally “erased”, as if it never happened.
A voidable marriage on the other hand is a marriage that is technically invalid but isn’t immediately dissolved and continues as a valid union until an annulment is sought. This type of marriage doesn’t violate any moral principle and can at some point, become a legal union if circumstances change. This would include instances where the official presiding over the marriage wasn’t certified to do so or where the parties were underage but are now the age of consent and the marriage was never contested. In cases such as these, the court will normally try to honor the marriage if at all possible, assuming that both parties have continued to live as if the union were valid from the start.
In cases where deception occurred, many states allow for the deceived spouse to seek a divorce instead and treat the marriage as if it were a valid union. This is known as the putative spouse doctrine and provides certain rights and protections for parties who are led to believe they’ve entered into a valid marriage through their partner’s deception.
In this instance, the deceived spouse can seek a divorce and would have rights to property distribution and possible spousal support . If however, the deceiving spouse is the party trying to seek a divorce under the claim of an invalid marriage, the court may invoke the estoppel principle to prevent the deceiving spouse from benefiting from support and property division.
If it is determined that fraud or deception took place at the time of the marriage, the court will also consider when the deceived spouse discovered the fraud and the amount of time that lapsed before the annulment was sought. If the deceived spouse discovered the deception but then continued to live as a legally married couple for several years after, the courts will often set aside the request for an annulment on the grounds of fraud and instead treat the marriage as valid. The parties would then have to pursue a divorce to end the union.
17 Comments
I met a man on eharmany and married him. He told me he was worth a quarter of a million dollars, had a ministery and turned out to live in a 31 year mobile home and has little income. I basically have provided most of the support since we married a little over a year ago.
He also appears to have other problems as he believes I have evil spirits in me that cause any misfortune that happens to him and stays angry and abussive about that continually. He believes God killed his first wife.
We have been married for 15 months and I no longer live with him. Can I get an annulment? Or is divorce my best option?
In most jurisdictions there must be some sort of fraud involved in order for you to be granted an annulment. The Judge makes this determination on a case by case basis depending on the facts in each case, but annulment is fairly uncommon. Your situation may qualify, but you will have to check the laws in your state or contact a lawyer in your area to find out what you must prove in order to obtain an annulment.
Taylor Rudd, I am the one that Patsy Rudd married, she forgot to tell you when we got married I had $28,500.00 in the bank, She had a home in Humble,Tx that cost her about 75% of her income to keep! She move in with me where I paid all of the bills and had no payments on the home, my tax are very low! She move in my home so we could get her home rented, After one year of trying to rent it we findly got it rented. it took some one that can afford $1100.00 Plus bill. After we rented it she had all of her money to do as she wanted with, but it was only a few month after that that she left me, and that was of course after I took her to SS to see about getting early retirement, because with her home rented we did not need her to work but part time, and did find out that she could draw on the first husband, $1.300.00 a month, So she was only working 38 hours a month, not bad!!! She also did not tell you, when she left she took all of my wife jewelry, My wife of 31 years past away with cancer, 3 years ago! It is worth $9350.00. She also took a iPhone that she was using, that belong to a non profit agency that I run, she had it as she was going to help run part of the agency. She will tell you that I gave it to her for Christmas and I did, but what she want tell you is that same Christmas she gave me a membership in the The Pres. Club for Continental Airlines, I did not own the club I only had the right to use it just like the iPhone she has! She did not need it as she bought her a new one the day she left! and keeping the old one! She also check out of the bank $600.00 in cash which left me only $575.00 to live on for the next month! Now! I am her 4th husband, I have two children by one lady, and have only been divorce once! There is more I can say that I have learned from her children but will leave it alone for now! By the way she did find me on eharmany, and called me first and I did reply!!!!
I married my husband 2007,he was married to someone else in Feb 2002 and she told him she filed and annulment ,we just found out that she didnt .What can we do?
In some jurisdictions courts recognize a marriage in which both parties believed they were legally married even though they were not. You should consult the family laws in your state.
i was married for less than 4 months but im ready to just give up… can i get an annulment since it was less than a year?
You should consult the laws in your state to determine what is required to obtained an annulment. In some states a showing of fraud is required.
I want to know in the state of Ga if u dont send off for your marriage certificate if its public records or not n if not are u “legally” married.
I was married in January 2010. My husband told me prior that he had a sham of a jailhouse wedding in 1999 but no papers were ever filed and he had no contact with the woman nor did they live as man and wife. Apparently she has held on to these records and ten years later turned them in to the courts. The public records show that the papers were filed March 2010. What does this mean about our marriage that occurred in Las Vegas?
I married in 12/2009, but my husband and I had not live together as of today. He has been living in NY and I have been living in Florida. I was suppose to move to NY in the summer once my kids finished school and now he is telling me he is not ready for that step, and it might take some more time. I now this is not healthy for a relationship been apart. I think at this point want to end the relationship, preferable get an annulment than a divorce, Do I qualify for an annulment?
I got married over 3 yrs ago and recently found out that the man I married used a fake social security # are we legally married or not we married in vegas and live in utah
Taylor Rudd you are nuts I am glad your wife was able to get away from you.
Well Mary Hobart, I don’t know you and never have and I sure you know Patsy! or you would not commit on this! I do have records to prove what I say, have her to pull records and show them to you! She has none to back up what she is saying! Its only words! The first year we were married we filed with the the IRS on $96,000, the year before that Patsy filed $27,000, the $27,000 from $96,000 is $69,000 that was my income, I don’t say anything, unless i can back it up! “I have the returns and there is more if needed” Truth is I have been divorce once and then married for 31 years, till she past away a little over 3 years ago, and would still be married to her if she was still with us! This can all be verified! I did filed for a divorce on Dec. 1, 2009, after 30 days of no response to text, email, and phone calls! I filed an uncontested divorce, giving her what she wanted! but she went to Houston and filed there on Dec.14, when she had not lived there for 90 days! My lawyer can prove this! This being the 4th divorce you would think she would know the rules! I also text two of her daughter and ask them to let patsy know so she can respond to the divorce, I did get a text back from one of the daughter, and it was a surprise of what she had to say. still have that text. This force me to get a lawyer, and I told her that, if it come to that I would have no choice but to try to get back as much as I can! Her Lawyer ask my lawyer a few week ago what I would settle for, I Email my lawyer and said NO DEAL! She wanted to go to court, So she is going to get what she wants! I am not being ugle I have already paid my lawyer in full so I have nothing to lose! No matter what she said I did love that lady with all my hart, soul, body, and my money! Again I do have the records, well at least my lawyer has them, the records show where we spent $63,000 in 15 month, and it still did not make her happy! Part of that is a $6,000 Wedding ring “I have the appraisal on the rings”, I had to buy her clothes to get married in, 30 days later I got her a birth stone ring, with diamond, that cost me about $500, I did it for no other reason, ” because I loved her” The bible say till death do us part! I don’t know about you but I try to live by it, don’t mean I don’t make mistake which we all do! BUT I DO ADMIT THEM! I think my record speaks for it self! This is her 4th divorce! I did not start this, I am only answering what is being said about me!
i was divorce in another country and and get married in wisconsin before the 6 months waiting end. However, the laws of the country where i was divorce allow me to marry atany time.
In this case, do i need an annulment or is there anything i can do so that my marriage can be valid in the state of wisconsin. I have been living with my wife for 3yrs believing that our marriage is valid and we love each other so very much.
me and my hubby married in 2009 and today we found out that the divorce papers his then wife had him signed 1998 were never filed what are our options now
I married a man back in 99 and we have never lived together because I didnt want to be married to him. On top of that he was dringing before we said I do. is my marriage legal?
I got married at the age of 15 1/2 Just want to know if it is void? Do I need to file a nullity of marriage, do you think that it won’t take long to process?