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Core Criteria Of lawyers Revealed

All About Divorce & Family Law

Family Law- Getting Your Marriage Annulled

 

Most people confuse divorce and annulment thinking they are different names for the same thing. From a legal standpoint, there are marked differences and annulment can really have a positive impact on the life a person who perhaps made a serious mistake getting married. The legal process of annulment can save a person from the considerable implications that divorce comes with such as property division or marital assets. However, the court does not readily grant annulment to a couple unless a few points in a set criterion can be ascertained. Even one reason from the list can be grounds enough for annulment to be given but usually it is considerable hassle since providing evidence can be tricky.

 

The Criterion For Annulment

 

  • If it can be proved that one of the spouses was fraudulent and deliberately concealed important information such as a disease, criminal record and even the existence of a current wife or husband. Even a concealed drug habit can be grounds enough for annulment. The inability to reproduce or hidden age is also taken very seriously by courts if the other spouse was completely uninformed.
  • Consummation of the marriage or rape is also an important consideration. The spouse naturally can refuse at any point but if as a result of this rape or repeated rape takes place, then annulment can be granted by the courts. Also, if the couple in question have never had intercourse the entire time they have been married, this is also acceptable for annulment.
  • A massive misunderstanding such as the desire for children (if one spouse may want a child but the other is completely against it) is also enough for the law to allow the marriage to be annulled rather than let it culminate in a divorce.
  • Annulment is also readily granted if the marriage itself has lasted a shockingly short period of time. In this case the individuals may not see the point of a long, drawn out divorce and especially one that may result in division of marital assets. The husband may not want to part with his property and fortune over a marriage that lasted a month or six months.

 

If you have faced any of the above mentioned situations, you are eligible to apply for an annulment and get an attorney to assist you in the process. Your best chances are if you were not married for very long so that is the stance you should approach first. In shorter duration marriages, the assets have not had a chance to be intermingled (unless there was some sort of prenuptial agreement) so chances are that the spouse with all the money can get away scot free. Joint property (if any exists) will be divided amicably and in that case proceedings will be as they would have been in the case of a divorce.

 

Annulments cannot however be used to avoid obligations of child support since the child is by no means illegitimate. The father is still very much liable to pay any child maintenance fees that the court decides. 

 

Resources used during this article's creation:

 

http://www.miamidivorcelawyer.com/practices/family-law/