An annulment of a marriage is to legally void the union in the eyes of the law, effectively ending the marriage as if it never began. Some consider an annulment a better option than a divorce however it is only possible in certain extenuating circumstances. If you think an annulment is possible in your situation you need to seek advice from an annulment attorney.
A recommended first step would be to speak with a marriage counselor or a mediation attorney. If there is a possibility your marriage can be saved then this is the right place to start. If they also come to the conclusion an annulment is appropriate in your situation then they will often be able to point you in the right direction as far as legal assistance and divorce advice. You can also contact your local or state bar association for a list of legal representatives who can help with taking the next step.
Once you’ve found an annulment attorney you will need to discuss your situation in depth to ensure that you are in fact eligible for an annulment. Laws for eligibility can vary from country to country and state to state. There are also specific sets of rules when considering annulment if you are of a certain religion, in these instances it would be recommended to discuss your options with a religious authority prior to then seeking legal advice from an annulment lawyer. Choosing one is as difficult as looking for foreclosure attorney and plaintiffs attorney so be prepared emotionally and financially.
Generally speaking grounds for an annulment could be: one member of the union was forced into the marriage, one member of the union concealed important information – eg criminal history, impotence etc or one member of the union was not mentally fit to make an informed decision about the marriage. There are other reasons an annulment would be appropriate which your annulment attorney could confirm apply to you upon consultation.
If your situation does allow for an annulment there are certain things you could do that would affect a judge granting your annulment. For example if you have found your partner to have not declared important information for which you are basing your annulment on, but you have continued to live together after finding out this information a judge will likely assume you have resolved these issues alone and an annulment may not be granted. Another prime example of when an annulment could be declined is when the couple has had a child or children together. This is not always the case and in the instance of an annulment when there are children involved, those children are considered legitimate in most countries.
Many people consider the length of the marriage to be an important factor when seeking an annulment; this in fact is not the case. Regardless of the length of the marriage an annulment could still be granted depending on the reasons being eligible ones and when the information came to the attention of the party seeking the annulment.
As an annulment is legally voiding the marriage it will generally forfeit the ability for either party to claim alimony or shares in your partner’s assets or finances.
It is important to remember that whereas a divorce can often be granted without evidence of reasons, an annulment will require you to prove your reasons true in front of a judge. This is sometimes a long process and emotionally straining to those involved. However it is designed as legal protection for those who genuinely should not have been joined in marriage for one reason or another. As an annulment treats the marriage as it never existed, it can be an attractive option for financial reasons and also religious reasons. Both parties need to seek the advice of an annulment attorney to discuss options and possible implications of an annulment as opposed to divorce.
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