If you are considering having your marriage annulled, you may be surprised to learn that there is a very real chance that the Court will not honor your request. Even if both parties want the annulment, there are specific reasons that must be satisfied before it will be considered. So with that said, what can cause your annulment request to be denied?
Unlike a divorce, where you are still recognized as having been married previously, an annulment says you are “voiding” the marriage. To have that request approved, at least one of the following conditions must be met:
1. The marriage was never valid
There are several scenarios where this can be proven. For example, if one of the spouses is underage, they cannot be legally married. The same can be said if one spouse can prove they were forced or coerced into following through with the union. In many cases, couples may have been intoxicated during the marriage ceremony and can prove they would not have married each other under normal conditions.
2. One spouse is already married
This is a no-brainer in the eyes of the law. Bigamy is not legal, so if one spouse is currently married to someone else, the new marriage can be annulled.
3. One spouse committed fraud against the other
If one spouse can prove that the other duped them into the marriage through nefarious means or committed some other form of fraud, the marriage can be annulled.
4. Permanent impotence
If the spouses in question entered into a marriage only to find out that they could not have children due to one spouse’s impotence, this could be an acceptable reason for annulment.
5. Mental incapacity
If one or both spouses are considered mentally unfit to have agreed to a marriage or understand the contract they were entering into in the first place, a Court can grant an annulment.
To officially file for an annulment, you must complete a document called A Suit to Declare Void the Marriage. Then file it in the county where either you or your spouse live. Please be specific with any pertinent information the Court will need to know, including if there are children involved and if any specific property needs to be divided by the Court.
If your annulment request is denied, you may still have an opportunity to appeal. This requires help from an experienced family law attorney. One who can walk you through the process and see if your case should be reconsidered.
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Even if you think you have acceptable grounds for annulment, certain circumstances may prevent a Court from granting it.
Therefore, it is always a good idea to talk to a lawyer about your situation. Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this – or any other – issue.
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