There are times when an annulment of your marriage is a better option than a divorce. When an annulment is granted by the courts, it will be as if you were never married to begin with. The following are a few things you should know about this legal filing.
An annulment when your spouse cannot be located
If your spouse's whereabouts are unknown, it may be possible to seek an annulment. In most states, you will have to show that every possible avenue to locate your spouse has been taken. This often means hiring a private investigator to find him or her. After an exhaustive attempt to locate the person, an affidavit of due diligence will be filed with the courts. Sometimes a state may require your spouse's nearest relative to be served notice, and you may also be legally required to run advertisements in a newspaper. After a period of time, a judge will likely make a default judgment because of a non-responsive party.
An annulment when a person is not of sound mind
If, at the time of the wedding, a person did not have the mental capacity to make the decision to marry, an annulment may be granted. What constitutes a sound mind is technical, at least from a legal standpoint. You can't say that you were under a lot of stress, or you were intoxicated. What you'll have to demonstrate is that you were mentally impaired, and the circumstances of the marriage confirm your claim. If it can be shown that a person had an induced mental state from prescription drugs and married a stranger, there may be a chance for annulment.
An annulment when there is fraud
The standard for fraud in most states is high. It is not enough to find out you were lied to. Maybe you found out after you were married that your spouse had terrible credit, or they turned out to have a drug addiction, but this is usually not enough. For fraud to be an issue, the lies have to reach a level that an individual, if they knew about the issue prior to the marriage, would not have entered into the marriage. An example of fraud would be a man, who, three months into a marriage, finds out that his wife is five months pregnant. This is clearly a deal breaker for most men, so a court would likely grant an annulment.
The examples above are possible options for an annulment. However, keep in mind that each state has a different set of laws, so you should consult with an attorney. In addition, your situation may be slightly different from other people's, especially friends and relatives who may have had an annulment. It may be that a divorce is a better option. You can discuss the specifics with a family lawyer in your area.Share
9 May 2023
While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!