A couple might get married for various reasons, but as time passes the joining of hands might not be what was originally believed by one or both of the participants. If certain conditions are met, a civil annulment can reverse a marriage without having to issue a divorce.
Grounds for Civil Annulment
The laws provided for civil annulment can differ with each state and are granted by the state government after the court proceedings are completed. One of the following reasons must be evident for the case:
●The marriage wasn't consummated: Whether it is an inability to perform or just refusal of sexual acts with the spouse, not consummating the marriage speaks volumes of why the marriage should be annulled.
●Forced Consent: If either party was threatened or forced to marry, you would be allowed to annul the marriage.
●Misrepresentation: Either spouse could conceal facts essential to the marriage such as addictions to drugs or alcohol or health factors including sexually transmitted diseases.
●Misconceptions: In some instances, you get married and don't fully disclose your desires to increase your family's size. If you want children and your spouse doesn't, the line is drawn.
●Bigamy: If either spouse wasn't divorced from a previous spouse, you aren't legally married and qualify for an annulment.
●Incest: You might not realize you are married to a distant relative. This can occur for various situations such as adoption, family feuds, or relatives that moved away with whom you do not share the same last name.
Where To File
In many cases, it depends on your state's regulations, but most suits are filed in the county where you reside. However, in other areas couples can request to file in the county where the marriage took place. For example, Nevada requires you must live in the area for six weeks, whereas other states consider the time factor of six months or more.
Most civil annulment cases occur after only a few weeks or months. The longer you are married, the more complicated the situation can become. It is best to acquire an attorney, such as one through McKone & Unruh, to ensure you use the correct procedures for your state, especially if children are involved.
When is it Final?
Each case is different, but it usually takes a minimum of one year for the final decree. It can depend on a variety of things such as witness testimonies or other factors that could extend the date of approval.
The most difficult part of the process is proving why you believe you have grounds for the case. After you receive an annulment, it is like you weren't married to the person. It is legally erased as if it never happened.