What Are the Statutes of Limitation For Annulment?
An annulment is one way of legally ending a marriage, but is only available in limited circumstances. The statute of limitations for an annulment varies by state as well as the reason for the annulment.
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Statute of Limitations
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A statute of limitations is a period of time set by state or federal legislation, limiting the amount of time a person has to bring a lawsuit. Once the time period passes, a claim is considered dead and can never be filed in court.
Annulment
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An annulment is the determination by a court that a marriage never occurred. An annulment puts the parties back where they were before a marriage took place, meaning there is no obligation for spousal support by either party.
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Void Marriages
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A void marriage has no statute of limitations and an annulment can be sought at any time.This is because a void marriage is illegal from the beginning and is never valid. Void marriages include an underage party; a party who was already married; and parties who are related by blood.
Voidable Marriages
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The statute of limitations for a voidable marriage varies by state. The time period begins upon discovery of a condition making a marriage voidable. Voidable conditions include coercion or duress (threat or force); fraud or misrepresentation; refusal or inability of consummation; and inability to understand--often due to alcohol or drug use or mental illness.
State Statutes of Limitations
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For voidable marriages, the statute of limitations ranges from 60 days in Pennsylvania for a marriage taking place while the parties are under the influence to five years in New York when a party develops a physical incapacity during the marriage. See the "Resources" below for a complete list of annulment grounds and statutes of limitations for all states.
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