Annulment is a special case which, if approved by the court, will dissolve the marriage as if it never took place. Unlike divorce, an annulment requires ‘legal grounds’ in order to be approved.
An example of a ‘legal ground’ for annulment is ‘marriage fraud’ that goes to the essence of the marriage. This type of fraud may be ‘immigration fraud’ which involves marrying another person in order to become an American citizen. There may be other types of fraud.
Other legal grounds for annulment are bigamy, physical incapacity, force, age at the time of marriage as well as mental incapacity. The reasons for annulment should be discussed with the lawyer to determine if they are valid.
Once the lawyer agrees that there are ‘legal grounds’ for annulment, a petition can be filed and served on the spouse. If the spouse ‘responds’ (files a response when served) which means that the spouse disagrees with the legal grounds, the annulment may not be approved by the court. In this case, both parties will go before the judge to state their case.
If the spouse does not respond, only the petitioner will be required to go before the judge and explain the reason for an annulment. Upon hearing testimony from the petitioner, the judge will usually approve the annulment.
Because annulments may not always approved, Legal Action Workshop files for a divorce in the alternative when the jurisdiction allows. This assures that the marriage will either be annulled or a divorce will be approved if needed.
The first step in any request for an annulment is to arrange for a consultation with the lawyer. The Legal Action Workshop lawyer will advise as to whether an annulment will be approved or whether it’s best to file a divorce or legal separation. Call now @ 1-800-HELP-444!