Valid Causes of Annulment of Marriage

Annulment, in some cases, is a valid option for ending a marriage. For several reasons, it may be preferable to divorce. Couples can only get an annulment under certain circumstances, however. If you think you may had legal grounds for an annulment, you will still need to consult an attorney.

Definition

When a couple's marriage is annulled, it's as if they were never married in the eyes of the law. The marriage is nullified, and both parties can legitimately claim they were never married. Marriage is a legal contract, and in order for a contract to be legally binding, the law requires both parties entering into the contract to meet certain standards.

Causes for annulment

In order to legally marry, couples have to meet certain standards. People under the legal age cannot get married, and neither can blood relatives nor those who are already married. But if they circumvent the law and somehow do manage to get married, they can get their marriage annulled. Age of consent for marriage varies from state to state. In most states, both parties need to be 18 to marry without parental consent. Most states allow couples ages 16 to 18 to marry with the permission of both parents.

Some states allow first cousins to marry, while most do not. That's why it's important to check into the laws of the state where you reside.

More causes

It is cause for annulment if one or both parties were mentally incapacitated at the time of the marriage ceremony, due to drugs, alcohol or mental disability. It's also cause for annulment if one of the parties entered into the marriage due to force, duress or threat, or if one of the parties committed fraud by concealing vital information. If your partner had a criminal history and concealed that from you, you have cause for annulment. If he hid the fact that he had a sexually transmitted disease, that would also be considered cause. Also, if one of the parties was impotent--unable to have intercourse--and failed to disclose that before marriage, this is cause for annulment. If the marriage is not consummated, that is grounds for annulment.

Why people choose annulment over divorce

When a couple gets their marriage annulled, they will not divide up the property or pay alimony, as they would in a divorce. Generally each person will retain the property they brought to the marriage. However, if there are children involved, child support would be determined by the court, just the same as in a divorce situation.

Legal annulment vs. religious annulment

We have discussed legal annulments, which are not the same as religious annulments. The Roman Catholic Church has rules regarding annulments that affect people in that church only. If a couple got their marriage annulled by the Church, they would still have to get either a divorce or annulment within the legal system.

Few people actually qualify for an annulment, and since society attaches little stigma to divorce, its benefits are questionable. But if you want an annulment and think you qualify for one, consult an attorney in your area.