Annulment
Definition of Annulment:
An annulment, also known as a petition for invalidity, is a legal process that declares a marriage to be invalid, as if it never happened. This differs from a divorce, which dissolves a valid marriage.
How to obtain a Petition for Invalidity
When a court is presented with a case to declare a marriage or domestic partnership invalid, it follows certain procedures. The court has the authority to make decisions regarding maintenance, parenting plans for minor children, and division of property. After hearing the evidence and if both parties are still alive, the court takes the following actions:
(a) If the marriage or domestic partnership is found to be valid, a decree of validity is entered.
(b) If the court determines that the marriage or domestic partnership should not have been entered into due to factors like age, lack of necessary approvals, prior marriages or domestic partnerships, consanguinity, lack of consent due to mental incapacity, influence of substances, force, duress, or fraud, and if the parties have not ratified their marriage or domestic partnership by living together after becoming capable of consenting or discovering the fraud, the court declares the marriage or domestic partnership invalid.
(c) If the court determines that a marriage or domestic partnership contracted in another jurisdiction is void or voidable under the laws of that jurisdiction, and there is no evidence of subsequent validation, the court declares the marriage or domestic partnership invalid from its original date.
It’s important to note that any children born or conceived during a valid marriage or domestic partnership remain legitimate even if the court declares the marriage or domestic partnership invalid.
Commonly Asked Questions
While a divorce ends a valid marriage, an annulment or petition for invalidity declares that the marriage was never legally valid from the beginning. It is as if the marriage never happened.
You can file for the invalidity of a marriage or domestic partnership on your own. It does not necessarily require the agreement of both parties.
The specific time limit for filing a petition may vary depending on the circumstances and grounds for invalidity. It is advisable to consult with our attorneys immediately to understand the applicable time limits in your situation.
The duration of the process can vary depending on various factors, including the complexity of the case, court availability, and the cooperation of the parties involved. It is best to consult with us to get an estimate based on your specific circumstances.
Yes, the court can address child custody and visitation matters even if the marriage or domestic partnership is declared invalid. The court’s primary concern is the best interests of the child, and it will make decisions accordingly.
Once your previous marriage or domestic partnership is legally declared invalid, you are generally free to remarry or enter into a new domestic partnership. However, it is essential to comply with any legal requirements and follow proper procedures for entering into a new relationship.
Yes, the court has the authority to address financial support and division of property matters even if the marriage or domestic partnership is declared invalid.
Warning: Please be aware that the process of filing a petition for the invalidity of a marriage or domestic partnership can be legally complex and challenging. Each case is unique, and the specific laws and requirements governing the invalidity of marriages or domestic partnerships are nuanced. It is crucial to consult with our qualified attorneys who can assess the details of your situation, analyze applicable laws, and provide accurate legal advice tailored to your specific circumstances. Failing to seek professional legal counsel may result in incomplete or inaccurate understanding of your rights, potential risks, and available options. We can guide you through the complexities of the legal process, protect your interests, and ensure that your rights are safeguarded effectively.