As we’ve written in previous blog posts, an annulment is the ultimate “untie” solution to tying the knot! It’s like hitting the legal reset button on a marriage, erasing it from existence as if it never happened in the eyes of the law. Unlike a divorce, an annulment declares that a marriage was invalid for specific reasons, thus eliminating it from the record.
Many people assume that when they wish to have their marriage annulled, the court will automatically say yes.
But is this true? Can a judge say no to your proposed annulment?
Saying “No” to an Annulment Request
Simply filing for an annulment does not guarantee you will receive one. An annulment request must go before a judge to be granted, and it’s the judge’s job to assess the circumstances and determine if the request is valid.
Only a few select circumstances necessitate a valid annulment claim.
- Fraud — If one spouse was enticed into marriage by lies or deceit, a judge might grant an annulment to the other spouse. Untruths concerning citizenship status, wealth and assets, the ability to have children, the inability to consummate the marriage, etc., may qualify as fraudulent grounds for an annulment. However, a judge will require reliable evidence.
- Coercion or duress — An annulment will likely be granted if one spouse is forced to marry the other spouse. The coercion can come from the other spouse, from either spouse’s family, or any number of other sources. Marriages of this kind nearly always qualify for annulment. However, reliable evidence of coercion or duress must exist.
- Mental incapacitation — If one or both spouses were proven mentally incapacitated, intoxicated, or otherwise not able to make sound decisions at the time of marriage, an annulment might well be granted.
- Bigamy — If one or both spouses were previously legally married and the marriage was never legally ended, a judge will most likely grant an annulment for the second marriage.
- Underage marriage — If one or both spouses are underage and the underage spouse(s) do not have parental or judicial consent to marry, the judge might grant an annulment.
There are other reasons a judge may grant an annulment, but these are the main ones to consider before making a request. If you have any questions, don’t hesitate to consult qualified legal counsel before appearing in court before a judge.
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