An annulment of your marriage is a big step in your life. Some people make the choice to do this because they want to follow a particular religious doctrine that they have. In addition to this, it may be that someone just has their own personal reasons for wanting to have an annulment of their marriage.
Although different religions may have their own regulations for what counts as a marriage that has been annulled, there are certain regulations that must be met for someone to have reached an annulment in a legal sense. We want to take a look at what some of those requirements are.
Your Spouse Was Married To Another Person At The Time Of Marriage
This is incredibly rare these days as every state keeps extensive marriage records, but it is still possible that an individual may attempt to marry more than one person at a time. Someone may decide that their first marriage does not really count anymore in their own mind without actually going to court to have it legally ended. If an individual does this, they are making it possible that they could end up in an annulment situation.
There are some couples who have been together for a very long time with one partner not knowing that their partner is married. It is something that is incredibly sad and manipulative, but it may be a reason to bring an annulment to your marriage.
Your Spouse Was Not Of Sound Mind When They Married
It is possible to prove that your spouse was not of a sound mind when they married you. That may sound odd, but if you can manage to prove this, then you can in fact have the court annul your marriage. It sometimes takes something like this to get yourself out of a situation in which you did not ask to be in to begin with.
It may prove awkward to literally tell the court that your spouse was not of sound mind when you married them, but it is better for things to be a little awkward now than to remain married to someone who is not of sound mind. You will need an actual clinical diagnosis of this before you can take this to the court and ask them to annul your marriage. If you do have that in hand though, then your case is probably going to be pretty strong.
Your Spouse Is Impotent
Believe it or not, you can have a marriage annulled on the grounds that your spouse is impotent. The courts have recognized this as something so important and critical to the happiness of married couples that they will allow an annulment to go through if someone has been proven to be impotent in the relationship. If they cannot produce in that way, then the courts are not going to require the partners to remain together. They are going to allow both to go their separate ways and then work on figuring out the rest of their life.
The Spouse Was Underage When Married
There are age of consent laws in every state. Most states deem that a person must be at least eighteen years old before they can marry, though this does vary by state. If it can be shown that one or both of the partners was under the age of consent in the particular state in which they were married, then it is possible to have the marriage annulled. This is again a very rare situation as the issuing agencies are going to check into this before they ever issue a marriage license in the first place. That being said, if this situation does come up for some reason, the court will allow for this kind of marriage to be annulled and removed from public records. That is what most people are looking for in the first place.
There are a number of situations in which an annulment may occur, but some of them are not common at all. Other situations are more frequent, and those are the ones that are typically brought before the courts when one is asking for the annulment.
The annulment of marriage remains an alternative to divorce in certain situations. Therefore, once you have gathered enough elements, you can file a complaint with the public prosecutor while initiating a marriage annulment procedure. Remember, an annulment of marriage is reserved for an invalid marriage that has been contracted despite lacking certain conditions necessary for its legal validity.
For example, here are some admissible situations for an annulment of marriage: if the registrar who celebrated the marriage did not have the legal power to do so; bigamous marriage is forbidden by law, therefore if one of the spouses married under a bigamous marriage it is an admissible situation for an annulment of marriage; and if a spouse permitted an incestuous marriage. Also, remember that a request for nullity is admissible within a period of any number of years from the celebration of the marriage.
Remember, more admissible situations for an annulment of marriage are situations of incest or bigamy or situations in which the formal conditions of marriage have not been fulfilled (incompetence of the registrar, etc.). Also, forced marriage is forbidden by law, therefore if one of the spouses married under a threat it is an admissible situation for an annulment of marriage; and if one of the spouses lied to their spouse on a point essential to the future of the couple (we speak then of consent in error). Therefore, unfortunately, a marital relationship acquired by fraudulent activity may, for example, refer to a union by which one spouse deceives the other on their feelings for the purpose of marrying a US spouse to obtain US nationality or a residence permit. Another admissible situation for an annulment of marriage is a case of nullity that concerns the lack of parental authorization if it is mandatory (for example, when the spouse is a minor).
However, the annulment of marriage procedure remains exceptional and often emanates from the prosecutor’s office in the most serious cases, especially when the consent has been reached. Remember, the annulment of marriage procedure means that the rights acquired by the marriage disappear during the cancellation: the marital name, survivor’s pension, succession, etc. It is also therefore possible to act in nullity of a marriage if, during its celebration, one of the spouses was already married.
The two “married” spouses are then deemed to have lived in concubinage. Therefore, one of the spouses may also be ordered to pay damages in order to make good the damage resulting from the annulment of the marriage and may also lose a residence permit or even a nationality acquired by marriage.
An annulment of marriage procedure, therefore, presupposes that a marriage is in one of these few situations that are provided for by law. It is thus distinguished from a divorce by which the two spouses may agree to a divorce. Remember, a person whose marriage has been annulled will be single.
An annulment is thus different from a divorce, which produces different effects because it dissolves the marriage. And, that is for a good reason: as the legal consequences of an annulled marriage are much heavier. For example, with an annulled marriage one of the spouses cannot ask for a compensatory allowance, support, etc.
A procedure fraught with consequences, the annulment of a marriage is intended to put the spouses back to the state they were in before their marriage and to act as if their union had never existed. In a majority of the cases, the marriage annulment application is examined by a judge. An application for marriage annulment cannot, therefore, be based solely on adultery or a “simple” disagreement between spouses. With a marriage annulment, a marriage can be challenged and canceled. Remember, there is no deadline for acquiring an annulment in NYC.