A general misunderstanding is that when you wish to get a divorce, you have the option to have the marriage annulled as an alternative. This is false in a lot of cases, even if you have only been married for a short time.
Actually, as far as annulment or divorce goes, divorce is more opportune since every state has no-fault divorce. Reasons for annulment are pretty particular, and you’ll need to demonstrate them if you want the marriage annulled.
Annulment Vs Divorce
When marriages are annulled, it’s as if the marriage never existed. In some states, property is not split. When there are children of the marriage and considerable property, the state you live in might require allocation of property and a custody establishment.
If you’re better off not saying you’re divorced, in which is a stigma in specific religions, you might want to get the marriage annulled. You still, nevertheless, are required to have grounds for annulment. Fortunately, even if you get your marriage annulled, any children from the marriage are still legal, and your children’s Dad is still the legal father.
What Are Grounds for an Annulment?
To get your marriage annulled, you’ll have to demonstrate one of the grounds for the annulment. When these grounds don’t exist, then you cannot get the marriage annulled. The annulment conditions in a lot of states mean you need to demonstrate one of the following:
- The spouse wanting the annulment must have relied on this fraudulence or fabrication at the time of the marriage.
- One of the spouses wasn’t able to consent to the marriage due to mental incapacity, use of drugs and/or alcohol.
- One of the spouses was unable to consummate the marriage, like being incapable or declining to have intercourse, and the other spouse had no knowledge of this.
- One of the spouses was under the age of consent and didn’t have approval from their parents, guardians, or the court to get married.
- One of the spouses was pressured to marry by force or by coercion of force.
- The marriage happened because of a joke or a challenge.
- The marriage is invalid because of bigamy or polygamy.
- The marriage is invalid because of incest.
- Suppression of significant issues, comprising of substance abuse, felonies, children from a previous relationship, mental health issues, and STD’s.
Are There a Statute of Limitations for Getting a Marriage Annulled?
In many states, the marriage annulment time-table is non-existent. You may file for a marriage annulment any time in these states, even though the sooner you file, the better. In other states, nevertheless, have particular time limits. For instance, Colorado has a requirement of you filing for annulment inside of 6 months following you discovering duress, fraud, a joke, mental illness, or alcohol and/or drug abuse.
In addition, married couples in Colorado are required to seek an annulment within 1 year of finding out the other spouse is sexually incapable of consummating the marriage. Under-age spouses have 2 years to get a marriage annulled in the state of Colorado.
How Much Does an Annulment Cost?
A marriage annulment cost is usually less than divorces unless your spouse challenges the annulment. If that is the case, comparable to a divorce, the cost will increase since there will be added court appearances. Costs are constantly changing, in addition to filing fees, but you can typically get your marriage annulled for a couple hundred to a couple thousand dollars.
Is it Required to Have a Hearing to Get a Marriage Annulled?
In many states, when your spouse is with in agreement to an annulment, you might not need to head to court. Annulments in California, nevertheless, typically needs a hearing. Verify with your county’s clerk and see if your state has a requirement for a hearing.
DeLoe, R. (2020, August 24). How to Get Your Marriage Annulled. Retrieved January 28, 2021, from https://www.legalzoom.com/articles/how-to-get-your-marriage-annulled
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