About Civil Annulments

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By eHow Contributing Writer

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In family law, there are two principal ways to legally dissolve a marriage: divorce and annulment. Both processes ultimately render a marriage null and void, or invalid, but only annulment makes the former marriage a contract that technically never existed in the eyes of the law.
There are also two types of marriage annulments: civil and religious, both of which have different requirements. Religious annulments are granted by a church, such as the Roman Catholic Church, when a member wishes to marry again and their religion only recognizes one marriage per person. These annulments must follow a civil divorce. In contrast, civil annulments are granted by a judge in a court of law, irrespective of such religious considerations.

Function

Married people seek annulments for many reasons, yet the basic goal is to completely erase the marriage from one's past. Perhaps the nuptials were too hasty or one party has reconsidered. Regardless of the motivation, there are a range of grounds that petitioners can claim to convince the court an annulment is justified. They include the CONCEALMENT of important information, such as a criminal past; FRAUD, such as lying about an already existing marriage; NON-CONSUMMATION, such as inability or refusal to engage in intercourse; and ILLEGAL AGE, such as when one spouse is too young to be legally married.

Procedure

While requirements for petitioning the court for a civil annulment differ by state, the first step in the process is to research the applicable laws where an annulment will be sought. After learning exactly how to file a petition, determine which grounds apply. The court will then set a hearing date, at which time the petitioner argues why an annulment should be granted. If the party is successful proving their position, the presiding judge will declare the marriage null and void.

Time Frame

Since marriages of shorter duration usually indicate fewer or no children and less joint marital property, issues involving child custody, child support, and the division of marital property are easier to determine. Unsurprisingly, it's also generally easier (and more logical to some) to pursue an annulment in such cases.
Depending on state laws, it's still possible to obtain an annulment after a longer time married, in which case the court approaches the determination of alimony, child custody, child support, and marital property the same way as in divorce proceedings.

Misconceptions

Despite popular belief, children resulting from annulled marriages are considered legitimate. It's also not always true that the civil annulment process is easier than getting a divorce, primarily because annulments apply in a very strict range of circumstances.

Considerations

Various factors can make it more difficult to obtain a civil annulment, ranging from whether or not the spouses live together to the presence of children to the length of time before seeking an annulment. For example, many states will not grant a civil annulment when there are children or if more than two years have passed since the marriage date.