File for Annulment
Divorce Papers » File for Annulment
Annulment is different than a divorce or a legal separation. It wipes the marriage off the records as though it never happened. After an annulment is granted, the marriage becomes non-existent in the eyes of law. How to file for annulment is a question encountered by the couples who have discovered a certain condition or a situation, which renders their marriage null and void and thus has to be annulled legally.
Process of Filing for Annulment:
The process of filing for annulment depends upon the type of annulment. There are different processes for filing for the different types of annulment. The generic process is as follows:
Types of Annulment:
There are two types of annulment. These are as follows:
Civil annulment is entirely different from religious annulment and one has to file for both the annulments separately. Both are legal and are required in order for the couple to be able to remarry. The civil annulment is granted by the judge whereas the religious annulment is granted by the minister, the rabbi or the concerned religious authority of the particular religion.
As mentioned above, the process for both these annulments is different and one has to file separately for obtaining both the annulments. However, not all couples opt for both the annulments. The couples who are affiliated to one religious body or the other usually opt for a religious annulment rather than civil so that they can remain the members of their religious bodies forever. The couples who are not religious (mainly young couples) do not seek a religious annulment and go only for civil.
Types of Marriage:
There are two types of marriages which are eligible to file for an annulment. These are as follows:
The examples of void marriages are prohibited marriages such as incestuous, bigamous, underage or same-sex marriage. These marriages are ones which should never be as they are prohibited by the state law. Such marriages are considered as void ab initio, i.e. invalid from the beginning.
The voidable marriages are the marriages conducted by fraud, force or where either of the spouses is mentally or physically incapable for smooth functioning of a marriage.
Annulment is retroactive. Rather then ending a marriage, it wipes it off as if it never happened. The spouses return to their pre-marital status and are free to remarry.
Grounds for Annulment:
Every state has a specific set of grounds when it comes to the granting of annulment. It is a rare occurrence due to the difficulty in proving the grounds cited as the reason for applying for annulment. Most of the states do not favor annulment. Instead, they advise a couple to go for a divorce which is an easier and quick option as compared to the annulment. This is a generic set of grounds which can be cited in order to get an annulment:
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