Annulment: 5 Factors To Qualify You

Annulment is a common topic amongst unhappy couples who want out of their marriage. It changes the couple’s status such that it’s as if the couple was never married. However, a marriage must meet certain requirements before being annulled. That’s to say, just because you are unhappy with your marriage doesn’t make you eligible for an annulment.

Factors That Constitute Legal Grounds for Annulment

Here’s a comprehensive overview of five factors that may qualify you for an annulment:

Age of Consent

Each state has a statute prescribing the minimum age requirements allowing its citizens to enter into a marriage. However, many states will allow minors below the minimum age requirement to get married with consent from the court, the parent, or legal guardian. In other words, if you enter a marriage with a minor without the consent of the above parties, your marriage may be annulled.

Mental Incapacity

A primary requirement of entering a marriage is that both parties MUST understand what marriage is and voluntarily and knowingly consent to it. Accordingly, if either spouse lacked the mental capacity to consent at the time of the marriage, this may constitute legal grounds for annulment. These may include one party being highly intoxicated or having a serious mental illness.

Duress

The marriage can also be unwound if either spouse was under duress during the marriage. Duress can refer to when a person threatens or forces his/her partner into a marriage. Marriages based on acts of coercion are illegal because they violate general contract law principles, invalidating the marriage.

Bigamy

Some parties may get into a marriage without knowing their spouses were or are still already legally married to other people. Bigamy remains a primary ground to qualify for annulment because it is illegal in many states. The married spouse must end his/her first marriage through divorce or annulment before entering the second marriage. Otherwise, the second marriage will not be valid.

General Fraud or Misrepresentation

If you believe your spouse deceived you in some way into getting married, you could file for annulment. Examples of fraud or misrepresentation in marriage may include your spouse claiming to be someone else, misrepresenting financial or employment status, or marrying for a green card.

The requirements for having a marriage annulled vary based on the circumstances surrounding the annulment request and the laws of your state. You’ll need a good annulment attorney to represent you. Slaughter Law Firm provides the best legal representation for annulment cases. Get in touch for a free consultation today.