The process of annulling a marriage once again received a lot of attention when WNBA player Brittney Griner filed for an annulment from her wife of 28 days. One of the most commonly asked questions by the public was whether or not the couple's breakup met the qualifications for an annulment. To better help you understand the annulment process, it is important that you understand the grounds under which you can ask for an annulment.
What Is an Annulment?
An annulment is similar to a divorce, but there is one big difference. When you file for annulment and it is accepted by the family courts, it is like your marriage never took place. Whenever you complete documentation that asks for your marital status, instead of "divorced," you can check off "single."
One common misconception about annulments is that it is only allowed for short marriages. However, couples have filed for annulment after years of being married. Just like with a divorce, the family court carefully considers the request and makes a decision as to whether or not the relationship meets the requirement for an annulment.
When Can You Seek an Annulment?
In order to file for an annulment, you have to cite a reason. One of the most commonly used is fraud. If your spouse misrepresented himself or herself to you and this led to your marriage, you can ask for an annulment. For instance, if your spouse claimed to be the heir to the Rockefeller fortune and promised to take care of you for the rest of the life but was not being truthful, you can file for an annulment.
Another reason to file for annulment is bigamy and incest. If your spouse is already married or you found out after you were married that you are blood relatives, annulment is a possibility.
Since marriage is also considered to be a legal act, it is important that both of you have the mental capacity to make the decision to get married. If you or your spouse was not mentally sound at the time that the marriage took place, an annulment can be filed. You could also request one if you were forced into the marriage by your spouse.
There is no guarantee that the family court will grant you the annulment. Laws regarding whether or not an annulment can be issued vary by state. An experienced divorce attorney can help with assessing your marriage and your chances of getting an annulment.
Share18 June 2015
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