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Wedding vows frequently include ¡°till death do us part.¡± Unfortunately, relationships may die before people do, and spouses turn to the legal system to dissolve their marriage. While divorce is the most common way to end a union, annulment is another option for couples seeking to part ways. Unlike a divorce, however, an annulment is granted only under specific circumstances, and it differs from divorce in a number of significant ways.
Defining Annulment
An annulment is a legal court action that voids a marriage, dissolving it and treating the union as if it never happened. In most cases, an annulment is granted because the marriage was not legal in the first place, though grounds for annulment vary in different states. Many couples choose an annulment because it is more socially acceptable than divorce, though in recent years that stigma has decreased as divorce rates rise.
Religious and legal annulments are different, and one type of annulment is not immediately accepted by the other. For example, a couple who receives a legal annulment would still need a religious annulment if one of them wished to remarry in their church. Churches will not consider granting an annulment if the couple is still legally married. For both religious and legal annulments, any children of the marriage are still considered legitimate, and neither spouse is absolved of parental responsibilities.
Conditions for Annulment
Either spouse can initiate annulment proceedings, and most annulments are granted for very short marriages ¨C usually less than a year ¨C so there are no large assets, property, or debts to divide. Couples can apply for an annulment, also called an invalidation, in any state, not just where they were married. There are a number of reasons why a court would consider granting an annulment, and each reason can be applied to either spouse.
If one spouse was legally married at the time of the second marriage, they had to lie on the marriage license, which effectively voids the union. Similarly, if one spouse was not a legal adult or did not have parental consent to marry, the marriage license would be invalid. If either spouse lied, such as convincing their partner that they wanted children when they did not, that could be grounds for annulment if their partner would not have consented to the marriage knowing the truth. With this fraud, however, the court must decide if the lies were made prior to the wedding, or if either spouse changed their mind afterwards. If they lied at the time of the wedding, it could be considered a mock or joke marriage, and an annulment would be feasible.
Impotence or refusing to consummate the marriage through sexual intercourse could provide grounds for annulment. As with fraud, however, if the spouse was aware of the impotence before the marriage, the court may not invalidate the union.
Another potential reason for annulment is an incestuous marriage. If the individuals are blood relatives who would not be allowed to marry, a union could easily be annulled, even if the couple was aware of the relationship when they married. States must honor the marriage requirements of different states, however. If a couple was married legally in one state, their home state cannot annul the marriage even though the relationship may not meet their home state¡¯s legal requirements.
If either spouse was forced into the marriage, an annulment is possible, since they did not enter the partnership willingly. This is reflected in many marriage vows, which may ask the couple if they are there of their own free will.
Another common reason for annulment is that either individual was under the influence of drugs or alcohol at the time of the wedding, or if they were otherwise mentally incapable of understanding the duties and responsibilities of a marriage. Simply making a bad choice is not sufficient reason for an annulment.
If a couple meets strict criteria, an annulment is a viable option for dissolving their marriage. Though difficult to obtain, both legal and religious annulments are designed to help couples truly find married happiness by allowing them to remarry with a clean slate. An annulled marriage is legally considered void, as if it never happened, and the individuals can go on to marry again, till death do they part.
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