This is an example of legal advice. For personalized advice, please visit the divorce advice page.
You can file for an annulment if you are looking to end your marriage
Yes, ending a marriage is challenging for both spouses. It involves not only emotional stress, but you must also deal with numerous legal processes. But we're here to help! The main difference between annulment and divorce is that annulment declares that the marriage never happened, meaning that the marriage has never been considered legal or legitimate. There is an exhaustive list of grounds for the annulment of divorce: You or your spouse were under the legal age of consent (generally 18) at the time of the marriage.Either your spouse or you were already married to someone else at the time of your marriage. Either you or your spouse lacked the mental capacity to consent to marriage, or were forced, threatened, or coerced into marriage.You or your spouse were under the influence of alcohol or drugs at the time of your marriage.You or your spouse are physically unable to have sexual intercourse and didn't disclose that inability before marriage.Either you or your spouse hid or misrepresented an essential fact. You and your spouse are too close in familial relation to marry.Since at least one of these statements is valid for your marriage, you may undergo an annulment procedure. To file for an annulment of you marriage: Make sure that your marriage qualifies for an annulment (the list of grounds is above). Please note that you don't need to meet the divorce residency requirement or have a waiting period before filing for an annulmentOne of the spouses should file a Petition (or Complaint) for annulment in a court. The Petition for annulment includes background information about your marriage, the reason for the annulment, and the terms you want the court’s decision to include.You should formally serve a copy of the Petition on your spouse (usually within 30 days of filing). Don't forget to receive proof that the petition was deliveredComplete necessary court forms (if required). Generally, couples that have children together should complete additional paperwork. You and your spouse must attend a court hearing regarding your request for annulment. If your request is valid and supported by the proper documentation, the judge will grant the annulment.Obtain an official order that your marriage is annulled. Unlike in a divorce process, in an annulment, a judge will not always divide property or debts or make orders on alimony. A judge can only divide your property or order spousal support if one of you thought your marriage was legal. An annulment doesn't affect children. If both spouses are legal parents of a child, a judge can decide the issues of child custody, visitation rights and child support. If you need help with filing for an annulment, we advise you to consider contacting a lawyer. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks.
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