Annulment procedure starts with filling a petition in the court of law by a couple, stating the grounds for annulment and requesting a marriage’s annulment.
Annulment law has defined very simple annulment procedure which is based on the acceptable grounds for annulment.
Marriage annulment procedure starts upon receipt of application in the court of law. Hearing will begin and once validity of the ground for annulment is established, the court will declare your marriage annul or void.
Grounds for Annulment
Annulment of marriage depends upon the following grounds for annulment:
- When one spouse is below the age of maturity (too young to marry)
- When marriage is done under some force or duress
- Due to non-disclosure of previously existing marriage by one spouse.
- Due to physical or mental incapability( both temporary and permanent)
- Fraud
The grounds for annulment may vary from one state to another.
Divorce Laws in states of USA. However what ever the basis for filing a petition for marriage annulment may be, applicants should generally take the above grounds for marriage annulment into consideration. Upon completion of annulment procedure, you are allowed to remarry.
The couple, by choice, may also file an application with the concerned church, requesting marriage annulment.
Church requires appearance of witnesses for establishing grounds of annulment: Parents, brothers, sisters, mutual friends, members of the wedding party etc. or anyone who can willingly reply to the questionnaire of the church, and help the church in establishing the grounds for annulment.
Once grounds for annulment are established, the church passes the annulment decree. The decision of marriage annulment is then sent to the court for second stance. Marriage annulment decision by the court, in this case, may take several months.
In some jurisdictions, if there are children from a void union, the court might not grant annulment. You will have to go for divorce in such a case. Parentage of the children is also established before any order is issued regarding child custody or child support. Consult a Divorce attorney in you state
