Marriage Annulment Questions

What is a marriage annulment?

Marriage annulment is the legal procedure of declaring a marriage null or void. When a marriage is annulled, it is usually retroactive and the marriage is considered to have never taken place. There are some states however, that provide the marriage is only void from the date of annulment. Due to strict legal terminology, annulment only refers to making a voidable marriage null. The pre-requisites to have a marriage annulled can be tricky. You must be able to prove that the marriage was entered under false pretenses, some type of fraud or deceit has taken place and the marriage has not been consummated. Due to the legal terminology, it is often best to ask a lawyer to determine if your marriage qualifies for being annulled. Experts on JustAnswer can offer you their expert opinion on your situation and help you determine whether you are eligible for a marriage annulment.

Can someone obtain a Christian marriage annulment certificate if they cannot afford to get a divorce?

A Christian marriage annulment certificate is not a legal document. This type of certificate is only needed from a church to show that a divorce would be recognized within the church. The church determines its finding based on whether, on the day the nuptials’ took place, there were elements that were lacking in the marriage. The two things that churches consider before annulling a marriage usually include:

1. Whether one or both parties did not intend lifelong fidelity
2. Whether one or both parties are incapable of marriage due to mental illness or psychological conditions that prevented marital commitment

In the church’s eyes, a valid marriage requires both parties to have full intention on making a marriage a lifelong communion. The church you belong to will determine your ability to obtain a marriage annulment certificate. However, as stated earlier, it is usually not a legal document that replaces a legal divorce decree.

Can someone file for a marriage annulment if one party lives in Canada and the other is from Russia if the marriage was based on deceit to get “green card” status.

Annulment is not a common practice in Canada; however, there have been special cases. On the positive side, if it can be proved that the reason for the marriage was for one party to enter a country and get a green card status, it would be considered a case of fraud. Fraud is one of the grounds that Canada recognizes for marriage annulments. You must be able to prove that this was the sole intention for marriage and that there was deceit. If the marriage was not consummated, this will give the petitioner further grounds for annulment. Many locations have their own laws regarding marriage annulment. Ask Family Lawyers on JustAnswer whether your situation gives you enough grounds for marriage annulment.

What is the law in Florida on marriage annulment?

There are no specific rules or statutes regarding marriage annulment in Florida. Generally any type of marriage annulment is brought to the court by the innocent party. Annulment is an appropriate method of termination of the marriage where one of the parties lacked the capacity to contract, either because of a prior existing marriage, extreme intoxication or lack of the requisite mental capacity. A marriage induced by fraud and deceit can be annulled where the marriage has not been consummated. Misrepresentation of pregnancy by itself is often considered an insufficient reason for annulment. It appears, however, that sexual intercourse operates as a complete ratification of a marriage otherwise voidable.

Do both parties have to be involved to file a marriage annulment in Virginia?

Virginia has a few specific requirements to obtain an annulment. Marriage annulments are divided into two categories:

1. Void ‘ab initio’ marriages that are against public policy – same sex marriages, bigamous marriage, marrying a relative, underage marriage, etc.
2. Voidable marriage – marriages of person with mental or physical incompetence, marriage to a felon without knowledge of felony, marriage to a prostitute without knowledge, marriages that were induced by fraud, duress, etc.

Since most courts favor divorce over annulment, marriage annulment rarely happens unless you meet the above requirements. If your marriage falls into one of the above categories, you can file a lawsuit for an annulment in Virginia. Marriage annulments should always have the two parties involved. There are other ways to file if you do not know the whereabouts of the other party.

Annulment of a marriage isn’t very common because annulment usually means that the marriage never existed in its entirety. Each situation is unique and the laws in each state are different, and that can create uncertainty over whether a situation qualifies for marriage annulment or not. The best course of action in most cases is to seek an expert opinion. You could bring your questions about marriage annulment to lawyers on JustAnswer.