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Family Annulment

An annulment is a legal procedure for declaring a marriage null and void, as if it had never taken place because it is deemed by the court to have never been legal. There are specific legal reasons under which an annulment can take place, including incest (marriage or domestic partnership between related individuals) and bigamy (marriage or domestic partnership in additional to an existing one), neither ever being legally valid, as well as the following:

  • Age at the time of marriage or domestic partnership: A party can file for an annulment if they were under the age of 18 at the time of their marriage or domestic partnership.
  • Prior existing marriage or domestic partnership: A party can file for an annulment if either they or their spouse were already in a marriage or domestic partnership. This is different from bigamy in that the subsequent marriage or domestic partnership took place because the former spouse was absent for five or more years and was presumed to be deceased.
  • Unsound mind: A party can file for an annulment if either party was unable to understand the nature or ramifications of the marriage or domestic partnership.
  • Fraud: A party can file for an annulment if their marriage or domestic partnership was a result of deliberate deception. The subject of the fraud must have been vital to the marriage or domestic partnership, such that the relationship would not have taken place if not for the deception.
  • Force: A party can file for an annulment if their marriage or domestic partnership was a result of force, i.e. they were forced into the relationship.
  • Physical Incapacity: A party can file for an annulment if their marriage or domestic partnership was never “consummated” as a result of a physical incapacity and there is no apparent resolution.

In addition to the subject requirements for an annulment, there are also statutes of limitations (or deadlines) before which a party can file for an annulment, and after which one can no longer be filed.

If you are considering filing an annulment, please contact GTH Law Group at 888-736-0895 for an initial consultation. Get the assistance you need in determining whether you meet one of the qualifications of annulment, and whether you are still within the time frames of the statutes of limitations.