How to Appeal a Denied Annulment

Appeal an denied annulment so that your marriage is nullified.

Annulments are often used as a way to show a marriage was invalid and should have never taken place. A civil annulment is given out in a court of law, while a religious annulment takes place through the couple's church and religious organization. A religious annulment is not the same as a civil one and is not recognized in a court of law. Getting a civil or religious annulment differs from getting a divorce, because the couple is required to prove the marriage was invalid from the beginning. Many couples need to appeal a decision against an annulment and give extra evidence to prove they deserve an annulment.

Instructions

Appeal a Denied Annulment in Courts of Law

1. Go to the family courthouse where the annulment paperwork was filed and request a petition to modify the judge's finding in your case.

2. Consult with a lawyer if your annulment was denied --- a lawyer has working knowledge of the laws in your state and can assist you with the paperwork. Pay the lawyer any additional fees necessary for him to help support your case.

3. Fill out the petition for modification with your contact information and your spouses contact information. Include any extra information that you did not have at the time of the annulment hearing in the paperwork and provide the supporting documentation to go with the paperwork.

4. File the petition for modification along with any additional documentation that provides evidence supporting your wish for an annulment with the family court that heard your annulment case. Pay for paperwork when you file it with the family court. The fees to file a petition for modification can vary from county to county.

5. Notify the other person in the marriage there will be another court hearing on the matter of the annulment. Give the paperwork to the spouse in person, have the paperwork delivered to the spouse by a sheriff to the spouse's home or send the information to your spouse through certified mail. Keep documents that prove that you notified your spouse about the annulment court hearings.

6. Attend the hearing regarding your petition to modify the case and present all evidence you have to prove that your marriage should get annulled. The judge will make a decision regarding your case and you should remain respectful of the judge at all times, even if he does not agree with your petition.

Appeal a Denied Annlument Through a Religious Organization

1. Discuss the denied annulment with the priest in your church and find out the exact reasons that the annulment was denied. Annulments are usually performed by a Roman Catholic tribunal court and the annulment appeal will take place through the tribunal courts also. The priest in your church is the first go-to person throughout the annulment process, and he can continue to advise you on your next steps.

2. Fill out an appeal form that will get sent to the Appellate Tribunal of the Archdiocese that the couple lives in or even to the Rome tribunal court of appeals. The appeal form will need all of your personal contact information, documentation on why you feel the need to appeal the tribunal's decision and any extra information that you have to present to the tribunal court. Pay any fees that are connected to the appeal. Fees vary depending on where you live, the church you attend and the county that you live in.

3. Request that your priest review the information and send the appeal paperwork to the proper tribunal court. The priest will also send a copy of the appeal to your spouse so that he continues to be informed of the process that is taking place.

References

• Superior Court of California Placier County: Start your Divorce / Legal Separation / Annulment
• Belief Net; Catholic Annulments; Jennifer M. Paquette
• American Catholics; Understanding Annulments; Sister Victoria Vondenberger, R.S.M., J.C.L; 2011
• Connecticut Judicial Branch Law Libraries; Dissolution of Marriages and Civil Unions in Connecticut; 2008
• Catholic Doors: FAQS Obtaining a Marriage Annulment
• California Self Help: Divorce, Legal Separation & Annulment