Annulment in Maine
Divorce Papers » Annulment in Maine
Annulment in Maine is a legal decree nullifying an invalid marriage. The residency requirement for annulment in Maine is 6 months before the date of filing. It also helps if the couple has been married in one of the counties of Maine, which makes it easier to find the records of the marriage and the reason for annulment. At least, one spouse should be a resident of the state in order to be able to file for an annulment.
Grounds for Annulment in Maine:
The grounds for annulment in Maine are specified by the statute of Maine. These grounds are difficult to prove and hence, annulment is a rare occurrence in the state of Maine.
Let us have a detailed look at these grounds for annulment in Maine:
Fraud or Misrepresentation - If a person misrepresented himself / herself for the purpose of alluring their partner to enter the wedlock such a condition is known as fraud or misrepresentation. This also includes concealment of the conditions such as sterility, sexual orientation, previous sex-change operation, responsibilities of a previous marriage or any information, which is crucial for a smooth-sailing marriage.
The marriage entered by fraud conditions is a voidable marriage and the spouse can file for annulment as soon as they find of the condition, which makes the marriage voidable. Duration of marriage does not matter in such cases.
Mental Incapacitation - If a person is suffering from temporary or permanent mental illness or insanity or if they are diagnosed with a mental disorder, which renders them incapable of normal functioning, the other spouse can file for an annulment on the basis of mental incapacitation. Mental illness deteriorates a person's health and they cannot function normally.
Besides, they are also incapable of providing the basic necessities of their family and the marriage can be annulled on these grounds.
Consanguinity - Marriage between the blood relations and adoptive relations is strictly prohibited and such marriages are considered as void right from the inception. Such marriages have to be annulled as nothing can be done to make them valid.
These relations are parent - child, grandparent - grandchild, aunt - nephew, uncle - niece, step-parent, step-child, siblings, step-siblings, cousins, step-cousins, adoptive parent - child, adoptive siblings and any other relation.
Underage Marriage - Marriage of the person under the legal age of marriage is considered as invalid and thus, it has to be annulled. One has to obtain the parental consent if they want to marry before they attain the legal marriageable age.
Such marriages are prohibited by the court of law and have to be annulled. One can submit the age proof of the underage partner and get an annulment granted from the court.
Impotency - If a person is impotent, that is, unable physically to consummate the marriage, it undermines the main purpose of marriage which is to procreate. The other spouse can file for an annulment petition in the court on the grounds of impotency which needs to be proven in the court of law.
One can provide the medical certificate or ask the medical expert to testify in the court to support and prove the claims and allegation in order to get an annulment.
Same-sex Marriage - The marriages between the lesbian and gay couples are prohibited by the court of law and are illegal in almost every state including Maine. One can attain annulment just by producing the marriage certificate in front of the court.
However, in some states, such marriages are considered as legal offense and there may be a sentence for indulging in such a marriage. One needs to tread carefully when homosexuality is involved.
Undissolved Prior Marriage - Also known as bigamous marriage, such a marriage is void right from its inception. A person is not supposed to marry someone else when their existing marriage still exists and is not dissolved by divorce or death. A bigamous marriage is an offense according to the law and the person practicing it may have to serve a prison sentence for indulging into such practice.
This can be proved by submitting the marriage certificate of the previous marriage or by calling for the testimony of the first marriage spouse.
As mentioned above, these grounds are difficult to prove and thus the court encourages the couples to file for divorce instead. Besides, even if the cited grounds are sufficiently proved in the court, it is totally up to the judge whether to grant the annulment or not and he / she exclusively exercise this right when it comes to the granting of an annulment.
Thus, annulment in Maine is difficult to obtain and one must ensure that they are eligible to file for annulment before they do so. Besides, the process of annulment is more time-consuming and costly owing to the length of both the lawsuits.