If you were recently married but want to know your options in ending the marriage, you may have reason to file for an annulment. Married people can dissolve their marriage by filing for divorce, or by petitioning for annulment. The difference between these two processes is that annulment acts as if the marriage never existed. A divorce is a legal termination of a marriage that is valid by law. An annulment declares that the marriage had never even occurred.
However, not every married couple has grounds for filing an annulment, as there are specific reasons for requesting one. Being granted an annulment is more difficult than filing for divorce, so if any of these reasons are true for your marriage situation, then you may want to pursue annulment as soon as you can:
A spouse that is forced or threatened into a married can petition to the court for an annulment of their marriage within four years.
If lying or deceit was a factor in your marriage, then you may have reason to file an annulment. A common instance of fraud in a marriage are cases where one spouse is seeking a green card or wants to become a United States citizen, so they marry someone who is already a citizen. Fraud must be a primary essence or influencing factor of the marriage for annulment to be warranted.
Physical Incapacity (Incurable)
A spouse that is unable to have children to engage in meaningful sex with their spouse can become a problem in the marriage. A condition that is incurable and prevents the couple from a fruitful sexual relationship or having children is a common reason people file for a physical incapacity marriage annulment.
A temporary or permanent mental condition that led to either spouse not fully understanding the gravity of getting married may be able to seek marriage annulment. Couples who get married while heavily intoxicated, do not remember what happened and did not understand the weight of their behavior may want to pursue marriage annulment so it’s as if they never exchanged vows.
Marriage is not considered legal if one spouse was already married prior to the second marriage, and never got a divorce for the first.
A marriage that involves two people who are blood-related is automatically not deemed valid. With sufficient proof, a blood relation annulment is likely to be approved by the court without any issues.
Anyone considering whether marriage annulment is right for them can speak with a lawyer for further guidance, such as an Annulment Lawyer in Alameda County, CA from Attorney Bernie.