Family & Relationships Marriage & Divorce

When Should I File For An Annulment Instead Of A Divorce Or Legal Separation?

First, it is important to fully understand exactly what an annulment is and what it accomplishes.  An annulment, which is also known as "declaration of invalidity," is typically used to show that a marriage is invalid and not legal.  But when would this actually happen?

Most annulments are filed for a number of specific reasons.  One may be filed with evidence of either underage parties, or no parental consent for the underage parties.  Or maybe one or both members of the parties were forced into the marriage.  One person was maybe already in a legal marriage, maybe parties are too closely related by blood, or perhaps one was not in a clear state of mind to consent to a marriage (think spontaneous, drunken Las Vegas wedding…).

These are a few cases in which a marriage would be considered null and void, including a pending divorce case or one party being in a legal separation.  Thusly, the marriage is considered invalid and can be annulled through the court system.  Others may file an annulment for religious reasons as well, so knowing when an annulment is proper can help you decide which to file.

Each state and county has different rules in regards to the filing of annulments, so it is strongly recommended that you check the rules and statutes enforced in your area in regards to starting the annulment process.  Knowing the process and understanding the rules in which an annulment can be based will help tremendously if you intend on filing for an annulment instead of a legal separation or divorce through the courts.
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