Family Law

Annulment

An annulment is the void of a marital union, which is different from a divorce. According to the law, annulment means that a marriage never took place. This difference is important for a number of reasons. An annulment is not intended as a means to evade a standard marriage. An annulment is formulated as a legal defense for those who truly should not have been united in marriage for any type of reason.
In order to acquire an annulment, one must meet certain criteria which can vary depending on the state.

Availability of an Annulment
Generally speaking, an annulment can be accessible if the legality of the marriage can be called into question by physical, mental, or legal considerations.

Physical Issues: Untreatable impotence which disables intercourse and so disables consummation of a marriage can be a reason enough for an annulment. Nonetheless, the other individual must not have knowledge of the impotence of their spouse prior to the marriage.

Mental Issues: There are a several factors that can affect a person's mental status and negatively impacts their ability to consent to a marriage. If a person agreed into the marriage as a joke, on a dare, or with no intent to sincerely be bound to it, then the marriage may be granted an annulment. A marital union can be annulled if one party was mentally inept at the instance of the marriage. A marriage may be granted an annulment if one party was intoxicated by drugs and or alcohol at the time of marriage. If one party was forced into marriage, the marriage can as well be annulled as it would not have been of their own free will, but instead because someone had coerced them. Lastly, if a person agreed into marriage because of a belief and trust in false statements made by the other individual, an annulment may be permitted.  

Legal Issues: There are several elements that can make it illegal to marry and can therefore be a basis for annulment. Some states may have other legal remedies other than annulments in place for an individual who entered mistakenly into an unlawful marriage. If the other individual was currently married at the time of the wedding, the marriage may be annulled. If one party was not of legal age and did not have the mandatory parental or court consent for marrying, the marriage can be annulled. But, if the underage spouse reaches adult age and is still married, there is a likelihood that an annulment after that point will not be permitted. A marriage can be annulled if incest is involved.

Contact our office for further details on availability of an annulment and their advantages and disadvantages at 210.222.2288 or toll free 1.800.862.1260.