WHAT ARE THE GROUNDS FOR HAVING A MARRIAGE ANNULLED?

A Guide Ending A Marriage Through Annulment

ANNULMENT VS. DIVORCE

When you divorce, your marriage is legally

dissolved

When you annul a marriage,

it is as though the marriage never happened at all

When you divorce, your marriage is legally

dissolved

Both are court proceedings,

but the outcomes are different.

BENEFITS OF ANNULMENT

Some couples choose annulment to avoid a perceived stigma that goes

along with divorce

Annulment can be a simpler and quicker process to end a marriage if under the right

circumstances

ONLY CERTAIN MARRIAGES CAN BE ANNULLED

There are specific legal grounds for annulment

If your marriage does not fit one of the criteria required for

annulment, you can still divorce but cannot have the marriage annulled

Having a marriage annulled legally is different from annulment through a religious institution such as an

annulment through the Catholic church

Having a marriage annulled legally is different from annulment through a religious institution such as an

annulment through the Catholic church

A religious annulment DOES NOT GUARANTEE a legal annulment and vice versa

MARRIAGES THAT ARE VOID

Certain grounds for annulment can render a marriage automatically void

These grounds include:

Incestuous marriages

• Marriages between close family members including siblings and first cousins

Bigamous marriages

• Marriages that occurred when one or both spouses was already married.

These grounds include:

Incestuous marriages

• Marriages between close family members including siblings and first cousins

Bigamous marriages

• Marriages that occurred when one or both spouses were already married

MARRIAGES THAT ARE VOIDABLE

Certain other marriages can be voided through annulment but they are not

automatically void

You will need to take action and demonstrate that the marriage should be voided

Most annulments occur for short marriages having lasted for only a brief period of time

and having produced no children

GROUNDS FOR VOIDING A MARRIAGE

A marriage may be voided due to:

Insufficient age

• If one spouse was too young to consent to the marriage at the time when the couple was wed, the marriage can be voided

Unsound mind

• If one spouse was incapacitated and unable to give consent to the marriage, the marriage can be voided.

A marriage may be voided due to:

Insufficient age

• If one spouse was too young to consent to the marriage at the time when the couple was wed, the marriage can be voided.

Unsound mind

• If one spouse was incapacitated and unable to give consent to the marriage, the marriage can be voided

ADDITIONAL GROUNDS FOR VOIDING A MARRIAGE

Fraud

• If the marriage was entered into under false pretenses, it can be voided or annulled

Force

• If one party forced the other to enter into the marriage, the marriage can be annulled.

Fraud

• If the marriage was entered into under false pretenses, it can be voided or annulled.

Force

• If one party forced the other to enter into the marriage, the marriage can be annulled

Physical capacity/ Lack of ability to consummate the marriage

• If the couple cannot consummate the marriage through intercourse, the marriage may be annulled

A prior existing marriage

• This is distinct grounds from bigamy, as bigamy would make the marriage automatically void.

Physical capacity / Lack of ability to consummate the marriage

• If the couple cannot consummate the marriage through intercourse, the marriage may be annulled

A prior existing marriage

• This is distinct grounds from bigamy as bigamy would make the marriage automatically void

NEED HELP WITH AN ANNULMENT?

We invite you to contact us at (925) 314-2320 to

schedule a consultation

Click to visit: www.FamilyLawGroup.com

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