Annulment Definition
According to Black's Legal Dictionary, an annulment is "a judicial declaration that a marriage is void."
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Annulment vs. Divorce
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An annulment is not the same as a divorce. A divorce recognizes that a legal, valid marriage exists and then ends that marriage. An annulment, on the other hand, declares that the marriage never existed at all.
What Marriages Can Be Annulled?
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There are two types of marriages that can be annulled---void marriages and voidable marriages.
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Void Marriages
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Void marriages are those that offend public policy, such as bigamy, polygamy and incest. A void marriage will not be recognized by the law for any reason, and it does not require a court order to make it invalid. Such marriages are automatically void and annulled.
Voidable Marriages
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A voidable marriage differs from a void marriage because it is recognized and legal until someone challenges the marriage (usually one of the spouses). It is not automatically invalid like a void marriage and requires an annulment by a court. The most common grounds for voidable marriages are lack of mental capacity to enter into a marriage, underage marriage, influence of drugs or alcohol during marriage, and forcing someone to marry by using threats ("duress").
Support Obligations
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In most states, maintenance and child support laws apply to annulment cases just as they do to divorce cases.
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