Every state in the U.S. allows for two options for legally ending a marriage. The most common method reverting back to your single status involves divorcing your spouse. However, if your marriage meets certain legal criteria, you could just as well annul your marriage.
The ability to request that a court annul your marriage rather than grant you a divorce requires that your union meet stringent requirements. You can decide if an annulment is the best choices for your marital situation by consulting with and retaining an experienced family law attorney today.
Definition of Annulling Your Marriage
Annulling your union is markedly different than divorcing your spouse. With an annulment, the court effectively says that your marriage never existed. It never met the legal criteria to be considered a valid and legal union between you and your spouse.
There are a variety of reasons for why your attorney can advise you to file for this type of marital dissolution rather than divorcing your spouse. Some of the main reasons for annulling a marriage include:
Bigamy: You or your spouse were already legally married to someone else
Forced consent: You or your spouse entered into the marriage under duress
Prohibited by law: Most common in cases of incest
Mental illness: You or your spouse were mentally ill or emotionally disturbed at the time of the marriage
Underage marriage: One or both spouses were under the legal age to get married in the state
Inability to or lack of consummation: Either spouse is unwilling or incapable of engaging in sexual relations
If your marriage meets any of these criteria, your lawyer may advise you to seek to have it annulled. They legally stipulate that your marriage never existed in the eyes of the law.
Reasons to Hire a Family Law Attorney
The legal process for requesting and getting annulments in most states is fairly straightforward. Still, just as you would not represent yourself in a divorce, it makes sense for you to also not represent yourself when you want to pursue an annulment.
A family law attorney who specializes in filing for annulments can prove to the court beyond a reasonable doubt that your marriage meets the legal criteria for this action. If needed, he or she can present evidence showing that you or your spouse satisfy one or several of the legal requirements for getting a marriage annulled. The judge then would have no legal recourse but to grant you your request.
Further, your lawyer can also ensure that you leave the union with your legal rights and property intact. Just as with a divorce, you can have your maiden name restored and any property that you brought into the union given back to you rather than divided with the other party.
Consult the Ogden Annulment Specialists
Filing for an annulment can be an emotional and legally complex process. Rather than figure out yourself if your marriage satisfies the legal criteria in your state, you can ask a family law attorney for assistance. Your lawyer can determine if your marriage can be annulled as defined by your state’s family court laws. At the Ogden Family Law Firm of Kaufman, Nichols & Kaufman, we represent individuals who wish to have their marriages annulled in the Ogden and Weber County areas. Our experienced annulment attorneys can help you determine if an annulment is an appropriate way to end your marriage.
