Do I Need a Lawyer for an Annulment?
An annulment is an action by a civil or religious authority addressing the bonds of marriage. Unlike a divorce, which terminates an existing marriage, the declaration of annulment states that there was no valid marriage in the first instance.
Other People Are Reading
-
Types
-
There are two types of annulments. Religious annulment declares a marriage is invalid in the eyes of a church or similar body. Civil annulment is an order of a court decreeing that compliance with the laws necessary to establish a marital contract never were met.
Considerations
-
A civil annulment follows procedures not unlike a divorce case. An annulment is not favored by the law, divorce being the preferred course. Because of this presumption against an annulment, legal representation is useful.
-
Benefits
-
An attorney understands that specific and unique requirements of annulment law and understands how to present such a case to a court.
Misconceptions
-
An attorney trained in civil law is not capable of representing a person seeking an annulment before a religious tribunal. For example, in the Catholic Church, a canon lawyer is necessary to pursue a religious annulment in that church.
Warning
-
The chances of obtaining a civil annulment if your marriage is beyond a year old are slim. A court is likely to deny such a request and convert the proceedings into a divorce case.
-
References
Resources
- Photo Credit Image by Flickr.com, courtesy of Jeff Belmonte
