Annulment in Alaska

Divorce Papers » Annulment in Alaska

Annulment in Alaska dissolves the marriage that never existed in the eyes of the law. It is granted in the form of a court decree stating that a valid marriage never happened. The marriage was null and void ab initio and thus has to be annulled as it cannot be validated. The annulment is a rare occurrence in the state of Alaska as the grounds to get an annulment are limited.

Grounds for Annulment in Alaska:

The statute of Alaska has specified the grounds on which a person can file for an annulment. These grounds are limited and one needs to prove them. Proving these grounds is very difficult as some of them deal with the intimate aspects of a marital relationship. These grounds are as follows:

• Mental Illness or Incapacity - A person suffering from mental illness or a disorder is not supposed to marry as they are unable to provide even the basic needs to their family. Besides, leading a normal life with a mentally unstable individual is an impossible task. One of the reasons that one cannot marry a mentally unstable person is that they are vulnerable. People can take advantage of their instability and achieve something which is not easy to attain.

  For instance, if an immigrant man marries a woman who is mentally ill, it is a possibility that he has done this to secure the citizenship of the state and the benefits that go with it.

  Proving that a person is mentally ill is relatively easy. The petitioner can file the medical reports of the tests which are conducted for mental evaluation of the patients. Also, the therapist or the psychiatrist who is treating the person can testify. The certificate given by a mental health professional is a proof enough to get an annulment in the state of Alaska. However if the petitioner is completely aware of the mental condition of the spouse before marriage, an annulment cannot be granted. In such a situation, the case is directed for a divorce.

• Fraud or Misrepresentation - If a person marries someone by posing as someone else, by changing the name or by hiding their true identity; such a marriage is considered to be fraud or misrepresentation and cannot be considered as a valid marriage. The petitioner has to provide a proof of the fraud conducted in order to get an annulment on these grounds.

  Fraud or misrepresentation can also comprise of hiding the charges of felony, incarceration due to mental illness, imprisonment due to criminal background, sex-change operation, posing as a person of the opposite gender just to lure the person to get married, sterility or any other factor that endangers the well-being of a marriage.

  The charges of fraud or misrepresentation are hard to prove. However, the documentation of the real identity can be obtained through the public records. Besides, medical tests and certain DNA tests can determine one's sexuality as well as gender.

• Same-sex Marriage - The marriage between gay and lesbian couple is not recognized by the statute of Alaska. It is against the law of the state to engage in same-sex relationships as well as marriage. These marriages are prohibited by the law and thus cannot be validated in any case. They have to be annulled as not having the state recognition can hinder every legal process that the couple may want to follow such as in case of adopting a child. In case they decide to adopt a child, he / she cannot be said to be legitimate as this is a marriage that cannot produce children and thus invalid.

  The marriage proofs such as the license and the certificate has to be presented to the court so that the judge can grant the annulment and confirm it through a court decree. These grounds are easy to prove.

• Duress or Force - If a person is forced to enter wedlock by holding someone or oneself at gunpoint, such a marriage cannot be considered to be valid and has to be annulled. The court grants a restriction order in such cases, and processes the annulment suit faster. However, if the marriage was really entered under life-threatening circumstances, it is difficult to provide the necessary proof as it is likely that there won't be any proof available.

  In such cases, the copy of the complaint to the cops or any other documentation that may prove that the petitioner was unwilling to enter the marriage can be produced.

• Underage Marriage - A person under the legal marriageable age is not allowed to marry unless they have the parental consent or the situation includes emergency such as pregnancy. Such a marriage is prohibited by the law and thus cannot be considered as valid.

  Such marriages should be annulled as they are void ab initio. These marriages are not allowed because of the assumption that young people do not have the necessary maturity to work out a complicated relationship such as a marriage and they are not ready to shoulder the responsibilities that come with it.

  The age proof of the underage partner has to be produced in the court so that the court can verify the age and grant the annulment as soon as possible.

• Multiple Marriages - Another term for bigamy, multiple marriages are prohibited by the law of state. Such marriages are invalid or void right from the beginning and thus cannot continue and have to be annulled. Besides, bigamy is a legal offense and carries a sentence.

  The proof of the previous marriage has to be provided such as the marriage license, certificate or photographs, if any. The testimony of the previous spouse can also act as solid proofs for the annulment to be granted.

Annulment in Alaska is not an easy process due to the burden of proof the grounds carry. However, if the courts find that the cases are genuine and the grounds really do exist, they grant the annulment. After the annulment is granted, the parties are returned to their pre-marital status both financially and socially.

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