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Annulment: Is This Marriage Valid?

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Published: 23Sep2009
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To understand annulment, you need to know the difference between a "void" marriage and a "voidable" marriage. The definitions aren't as confusing as you might think. As to the marriages themselves, well ...

A void marriage is one the state doesn't recognize. In most states, the marriage of a same sex couple would fit that description. People who are too closely related, like brother and sister, or who are already married to a living partner also are not considered to be married, even after a wedding.

A voidable marriage is one that can be annulled. This is to say that if neither member of the couple objects, the marriage can continue. However, if a member of such a couple pushes the issue, the marriage can be ended, and declared never to have existed. Of course, if the objecting party was aware of the impediment to the marriage, and has let it slide for a long time, they can't whine about it later. In fact, if the impediment is removed, for example because the younger partner reached the age of consent, the marriage can be made valid without further action from the couple.

If one of the parties is too young, or mentally incompetent to marry, the union can be annulled. If there was a fraud that would have caused one of the parties to avoid the marriage, it can remain in tact if the couple wants it to. However, if these conditions exist, and one of the parties can prove that the marriage shouldn't have happened, he / she can ask the court to annul it, and return the couple to the status they would have had if it had never occurred. If the couple have children together, they are not considered to have been born out of wedlock.

Some prohibitions against certain people marrying can be overcome by parental consent. One of my clients gave her 14 year old daughter consent to marry her boyfriend. They had two children by the time she was 15. The situation was brought to my attention when they were separated, and my client was asking for guardianship of the children. A judge can also give an underage couple permission to tie the knot if it seems to the court that it is in their best interest to marry.

Unless there is a religious reason not to divorce, most attorneys would agree that annulment is a hard way to bring about the end of the couples' legal relationship. In most states, a divorce can be granted just because one of the parties to the marriage wants it to end. To annul the union, the person has to prove that the other party did something wrong, or that the complaining party shouldn't be held to the marriage contract because of his / her own disability. Obviously, it is harder to produce evidence than it is to just say, "I want out!"

Lucille Uttermohlen is a family law attorney with 27 years on the job. You are invited to read more about family law at her website: http://www.couple-or-not.com . If you have questions about legal issues, or you just want to chat, write to Lucille at lucille@utter-law.com.

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