Can You Get an Automatic Annulment Within 30 Days of Marriage?
Annulment laws differ in every state. There is no specific rule that a marriage can be automatically annulled within 30 days of marriage. There are, however, several different ways a marriage can be dissolved without a formal divorce. Most states have specific criteria for when an annulment is available. These criteria either classify the marriage as void or voidable. A void marriage will not be recognized regardless of the intent of the parties. A voidable marriage, however, can be canceled at the option of one of the parties or if the marriage is formally contested in court.
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General Grounds for Annulment
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The general grounds for annulment are insanity, fraud and bigamy. Either spouse may apply for an annulment by petitioning the court for a decree of nullity. Just because you and your spouse have been married for a short time does not mean that your marriage can be annulled without meeting some of the criteria listed below.
Void Marriages
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Void marriages are unlawful and therefore are considered invalid without action by either party. Grounds to declare a marriage void include: one of the parties was already married at the time a second marriage ceremony took place; one of the parties was a minor who entered the marriage without a special marriage license; the parties are related; or the parties are not respectively male and female.
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Voidable Marriages
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Voidable marriages can be canceled at the option of either party by petitioning the court for a decree of nullity. Grounds for voidable marriages include: inability of either party to consummate the marriage; invalid consent; one of the parties had a mental disorder at the time of the marriage; venereal disease; or pregnancy at the time of marriage by someone other than the groom.
Considerations
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Keep in mind that the above-listed criteria for annulment are different in every state. For example, in quite a few states you may legally marry your first cousin. So before beginning the annulment process, you should contact a local attorney to determine what the applicable criteria are for annulment in your state.
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References
- Kansas Divorce Source: Can I Get My Kansas Marriage Annulled?
- Divorce Lawyer Source: Grounds for Annulment
- Kinsey Law: General Information Re Nullity (Annulment) Of Marriage or Domestic Partnership in California
- Woman's Divorce: Marriage Annulment Answers From the Expert
- Lawyermen: What is a Void Marriage? What is a Voidable Marriage? What Are the Differences?
Resources
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