What is an Annullment?
Occasionally people will get married to one another in a fit of passion, but shortly thereafter decide they made a horrible mistake. Unfortunately, even at that early juncture, divorce can be costly. Another option available to certain couples is an annulment, a legal way to declare a marriage null and void. For lack of a better term, it is a marriage "do-over." Here are some important facts about annulments.
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Annulments Differ from Divorces
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A divorce is a legal recognition that a marriage is no longer working. When you get divorced, there is still a record that you were married. Consequently, issues like property rights and child support come into play. With an annulment, a court declares the marriage never even happened. Both parties resume the legal status they had before the marriage. No property changes hands and no child support is required.
Requirements for an Annulment
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The requirements vary from jurisdiction to jurisdiction, but there are often strict requirements to getting an annulment. Annulments are usually only granted for marriages of less than one year, and there usually has to be some sort of extenuating circumstances. Two people not getting along is typically not grounds enough for an annulment.
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Annulments Can Be Granted for Fraud
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An annulment will typically be granted if there was fraud in the marriage. For instance, if one of the parties lied about having children, being a registered sex offender or some other material fact that had the other party known, he or she would have never entered into the marriage, the annulment will likely be granted.
Inability or Refusal to Have Sexual Relations
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If one of the parties cannot have sexual relations with the other party, especially if they concealed that fact before the marriage, an annulment may be granted. In some jurisdictions, if a party refuses to engage in sexual relations with his or her spouse, the annulment may be granted.
Drunkenness
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In some jurisdictions, if one or both of the parties were under the influence of drugs or alcohol at the time of the marriage, an annulment may be granted. Typically, you must be so intoxicated that you were not in full possession of your faculties. Again, this varies from jurisdiction to jurisdiction.
Different Jurisdictions
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As with all laws, the rule governing annulments vary from state to state. It is always best to look up the laws in your particular state. For instance annulments in Nevada are easier to obtain than annulments in New York. When in doubt, contact an attorney.
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