Generally speaking, an annulment is a form of legal action that causes a marriage to be void. An annulment is different from divorce since a marriage that is annulled is considered to have never have existed. When two individuals divorce, their marriage and divorce records remain recorded. There are specific laws in each state regarding how to legally annul a marriage. Normally annulments are quite rare and granted only under circumstances that are very unusual.
Dissolution Of Marriage And Annulment
Legally there is no difference in the outcomes of a dissolution of marriage and annulment. Some people view an annulment as an easy way to end a very brief marriage. However, since Colorado is a no-fault state when it comes to divorce, it usually is almost as easy to file a dissolution of marriage petition. The main difference between these two is the marriage is effectively canceled by an annulment as if it never occurred, to begin with.
There are many reasons why an annulment may be granted. The actual reason is often referred to as an impediment and an explanation for why the marriage is invalid.
An impediment may be prohibitory, which means that the marriage was wrong and should have never been entered in, to begin with. These impediments include things like the following:
- Underage marriage without obtaining parental consent
- One spouse was unaware that the other was unable to physically consummate their marriage
- Being abducted and then forced to marry
- Deceiving the other party to gain consent
- Not intending to remain faithful after marrying
- Lacking mental capability (alcohol, drugs, or similar issues) or insanity related to consent
- Marrying your sister or bother
- Married to someone else already
If as a result of the marriage a child will be born or has been born, the marriage may not be annulled.
Annulment – You Have Rights
Anyone who enters into a marriage that by law should be declared void has the legal right to file a petition to have the marriage annulled. They also may file a petition to divorce if grounds exist. Pleading, procedure, jurisdiction, and service are the same as when a divorce is obtained.
When an annulment is granted, the marriage will be considered void and both individuals will return to the former status that they held before the marriage.
Consult With An Experienced Divorce Attorney
Mary Daugherty, an experienced and trusted Family Law Attorney in Colorado Springs, can help you with whatever questions you might have in determining whether or not your marriage may be annulled. When you consult with her about annulment requirements and family law, you can determine whether or not an annulment is a viable option for you.