Pennsylvania Annulment Information
The state of Pennsylvania's annulment laws are similar to those of most other states. Marriages must meet certain grounds to be granted annulment. Divorces are far more common than annulments in Pennsylvania, largely because of the limitations on annulments.
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Annulment vs. Divorce
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An annulment and a divorce are both procedures to dissolve a marriage. However, an annulment regards the marriage as if it never occurred, whereas a divorce acknowledges that the marriage occurred for a period of time and was then dissolved. The most common reason people seek an annulment as opposed to a divorce is for religious marriages. Many religions stipulate that only never-married people can be granted marriages.
Grounds for Annulment
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There are several legitimate grounds for annulment in Pennsylvania. If one party was still legally married to another person at the time of the marriage, the union can be annulled. If the partnership was discovered to be incestuous or if one or both parties were underage at the time of the marriage, it can also be annulled. Mental illness leading to a lack of true consent to the marriage is also grounds for an annulment. The state of Pennsylvania can grant an annulment if one or both parties were under the influence of drugs or alcohol at the time of consent to the marriage.
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Prohibited Marriages
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Annulments are granted when two people get married despite being legally barred from doing so. Relatives---including father-daughter, mother-son, aunt-nephew, uncle-niece, and first cousins---cannot marry each other. In Pennsylvania, same-sex marriages are illegal. Therefore, if a same-sex marriage was erroneously granted, it would be annulled by the state. Bigamy is also illegal. Any marriage based on fraud or initiated while one party was under duress is prohibited.
Time Limits
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Certain annulments must be processed within set time limits. Annulments involving underage parties or parties under the influence of drugs or alcohol must be annulled within 60 days. Prohibited marriages---that is, marriages that involve incest, bigamy, or same-sex couples---can be annulled at any time before the death of either party.
Religious Annulments
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Pennsylvania does not grant annulments for religious reasons. Marriages must meet at least one of the legal grounds for annulment in order for an annulment to be granted. People who require an annulment in order to get remarried in their religious faith can get a religious annulment through their church or temple; however, this type of annulment has no legal basis and is not recognized by the state.
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References
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