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What are grounds for getting a marriage annulled?

In an annulment, a marriage is declared "null," and considered to never have existed. It's a different concept from divorce, which is the dissolution or ending of a marriage. Getting a marriage annulled is possible in some (but not all) states. In addition, some states use the term "invalidation" instead of "annulment."

The grounds for annulment differ from state to state, but the grounds for annulment in any state are usually related to (1) bigamy, (2) fraud, and (3) mental competence.

One or both spouses of a couple may prefer to pursue an annulment rather than a divorce, just as one or both spouses may be in favor of divorcing. An annulment, once adjudicated by a state court, is final.

Grounds for an Annulment

Possible grounds for getting a marriage annulled include circumstances in which one of the spouses was:

  • too young to be legally married
  • married at the time of the marriage to be annulled
  • mentally incompetent or legally insane at the time of the marriage
  • under the influence of alcohol or drugs when the marriage took place

Other grounds for annulment are when:

  • Consent to the marriage was based on force or fraud
  • The marriage is prohibited by law due to consanguinity (blood relationship between the spouses)

Additionally, a marriage to an individual who is serving a life sentence for a crime may be annulled in some states.

Annulment in the Catholic Church

Another aspect of annulment is the procedure conducted by the Catholic Church. This type of annulment is different from the legal annulment described above. When you get an annulment of your marriage from the Catholic Church, a tribunal of ecclesiastical judges deems that a true marriage according to God never took place.

Talk to a Divorce Attorney about Annulment

An experienced divorce attorney can tell you what your state's laws are regarding annulment, whether your circumstances are eligible for an annulment, and whether divorce is the more appropriate option. Contact a divorce lawyer in your area today.

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