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Marriage Annulment Laws

Marriage annulment is the process of voiding a marriage that has no legal basis for existence in the first place. Unlike a divorce, where parties deal with problems that occurred after the marriage, an annulment deals with issues prior to the marriage that make the marriage illegal. The parties in an annulled marriage will not have the rights granted to ex-spouses in a divorce. These criteria for annulment could range from insanity, impotence, fraud or marriage performed under duress or by force. Below, Experts answer questions relating to marriage annulment.

On what grounds can I get an annulment?

The legal grounds for annulment of a marriage are as follows: if either party is guilty of committing fraud; if either party was underage at the time of marriage; either party was mentally unsound or incapacitated; marriage was performed under duress; either party was already married; or if the marriage is incestuous.

If the marriage records of an annulled marriage continue to exist and can be retrieved, how can you tell whether the marriage was actually annulled?

The fact that the marriage was annulled does not mean that the records of the marriage, like the marriage certificate, will be erased. You will still be able to access such records. It is similar to how a dismissal of a criminal charge does not mean that the arrest record is erased. A marriage annulment can only be granted by a court order, which can be produced as proof of annulment. You may contact the court for a copy if you lose this document.

Is there a statute of limitations in Nevada within which a marriage should be annulled? Or can it be done anytime?

Simply put, an annulment is the court’s order stating that the marriage is illegal and void. There are no time limitations for getting an annulment; it can be an hour after the marriage or even 20 years later. However, unless you meet the criteria for annulment, you will have to get a divorce instead.

The procedure for getting annulment in Nevada is simple. You may begin with petitioning the proper court with reasons why the marriage should be declared void. If your marriage meets the criteria for annulment, you will be granted an order by the court. According to Nevada laws, both parties have the right to remarry after obtaining an annulment.

How can an individual in New York receive an annulment when their spouse was already married through a Catholic Church in Mexico who the spouse still contacts?

One of the criteria for annulment in New York is bigamy and you may petition the court based on that. If a legal marriage already existed at the time of your marriage, your marriage can be annulled. However, since a marriage by the Church is not accepted as legal by the state, you may document the spouses recurring visits to their first spouse as proof that the marriage is still ongoing.

How can an individual get an individual get an annulment when their spouse only wanted to marry them so they could be a U.S. citizen?

Fraud is one of the criteria for annulment of a marriage and you may file a case in court presenting proof that your spouse only married you to acquire citizenship. This will also affect your spouse’s INS (Immigration and Naturalization Service) paperwork as annulment dates back to the time of marriage. If your marriage is annulled, the individual will not be able to gain citizenship.

While parties in a marriage annulment do not get the same right as those in a divorce, both parties are still entitled to division of property, spousal support, etc. If you wish to know more about your rights in a marriage annulment, or how to receive an annulment within the state you reside contact the many available Experts for fast and reliable answers.
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