Obtaining an annulment can be a difficult decision. An annulment occurs when a court states that your marriage never legally existed. Despite the common misconception that annulment can be easily done within a short time of being married, length of marriage is not a valid reason. Use these guidelines for understanding how to get a marriage annulled.

Annulment

A marriage can be annulled under specific circumstances. These circumstances include: one or both spouses are under the legal marriage age in the given state; the couple are blood relatives; one spouse is legally married to another person; one spouse cannot consummate the marriage; one spouse did not have the mental capacity at the time of marriage (i.e. he/she is mentally disabled or was under the influence of drugs); one spouse was married under threat or force; or, one spouse entered the marriage fraudulently with questionable nationality status, an unknown criminal history or a sexually transmitted disease. Time of marriage, abuse, infidelity, and abandonment are not deciding factors in annulment.

Unlike divorces in which couples can claim irreconcilable differences with no or minimal proof, the annulment petitioner must prove the marriage is not valid based on those qualifying factors. However, just like divorce, an annulment results in divisions of property, debts, and affects the custody of the children. Also, you must get an annulment before you can marry again.

If you’re unsure whether to petition for an annulment or file for divorce, it’s important to speak to a legal expert. The processes for each differ and one path may be more suited to your situation.

While an annulment decrees that the marriage never legally existed, children born to a couple who have received an annulment are not considered illegitimate.

Follow State Requirements

To obtain an annulment, check the requirements of your state. Many states require that one party must be a legal resident or have lived in the state for at least 6 months before filing the petition. In some cases, being stationed in that state as a military service member at the time of petition may grant you residence status.

Hire a Lawyer

It’s important to hire a legal professional to assist you with filing the paperwork and carrying through the petition for annulment. You’ll be required to pay attorney and expert fees. It’s not likely that you’ll be able to petition for annulment without cost.

Types of Annulment

Depending on your state, the annulment may be contested or uncontested. For contested annulments in which one spouse challenges information in the official petition, the parties are scheduled for a court hearing. If the annulment is uncontested, the petitioner can often decide whether to appear in court for a hearing or not.

Certain churches often require a religious annulment before they will perform a marriage ceremony. It’s important to understand that a religious annulment is different than a legal annulment. There are different stipulations for petitioning for a religious annulment, and it does not legally end your marriage. For information about religious annulments, speak with your church officials or consult the website, www.churchannulment.com