what is a marriage annulment

what is a marriage annulment

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Nature

An annulment is a legal procedure that cancels a marriage and declares it null and void from its inception. Unlike divorce, the effect of declaring a marriage void is retroactive, meaning that the marriage was void at the time it was entered into. An annulment can be initiated by either party in a marriage, and the party initiating the annulment must prove that they have the grounds to do so. The following are some common grounds for annulment:

  • Fraud or coercion
  • An undisclosed prior marriage
  • Incest
  • One or both parties were under the legal age to consent at the time of marriage
  • Temporary insanity which existed at the time of marriage, so that the capacity to marry was not present because the person lacked an understanding of the duties and relationship of marriage

Each state has its own laws regarding grounds for marriage annulment or divorce, but certain requirements apply nationwide. In California, for example, a judge can only annul a marriage if there was something legally wrong with the marriage from the start, such as bigamy or incest. If a marriage is annulled, it is like the marriage never happened because it was never legal. Unlike in a divorce or legal separation, in an annulment, a judge cant always divide property and debts or order spousal support.

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