QUESTION: Annulment
I was married for only a few hours. Can I just get an annulment?
ANSWER:
Not necessarily. Only a void marriage can be terminated through annulment. A "void" marriage exists when:
(1) a lack of intent to be married existed at the time of marriage because either one or both of the parties lacked mental capacity, or they were tricked into marriage, or they were severely intoxicated; or
(2) One or both of the parties lacked capacity to marry. This happens when, at the time of the marriage, one or both of the parties had been under age or related (by blood), i.e., their relation exists within the "forbidden degree of consanguinity," like when first cousins or siblings (brother and sister) marry.
Otherwise, the term annulment has no meaning, except, perhaps, in the eyes of the church. That is to say, many churches frown on divorce and, thus, some churces will not acknowledge a "divorce." Rather, the church would prefer that your marriage be treated as void or annuled from the outset. The thinking is: if there was never a marriage, then then the divorce (a bad thing) is not even necessary. Keep in mind that an annulment through the church has no legal significance whatsoever.
You should speak to one of our divorce law lawyers to find how the law will apply in your case. Here, on this web site, we merely give you a rough idea of the law for information purposes only. Nothing on this site should be construed as legal advice.
For More Information:
I was married for only a few hours. Can I just get an annulment?
ANSWER:
Not necessarily. Only a void marriage can be terminated through annulment. A "void" marriage exists when:
(1) a lack of intent to be married existed at the time of marriage because either one or both of the parties lacked mental capacity, or they were tricked into marriage, or they were severely intoxicated; or
(2) One or both of the parties lacked capacity to marry. This happens when, at the time of the marriage, one or both of the parties had been under age or related (by blood), i.e., their relation exists within the "forbidden degree of consanguinity," like when first cousins or siblings (brother and sister) marry.
Otherwise, the term annulment has no meaning, except, perhaps, in the eyes of the church. That is to say, many churches frown on divorce and, thus, some churces will not acknowledge a "divorce." Rather, the church would prefer that your marriage be treated as void or annuled from the outset. The thinking is: if there was never a marriage, then then the divorce (a bad thing) is not even necessary. Keep in mind that an annulment through the church has no legal significance whatsoever.
You should speak to one of our divorce law lawyers to find how the law will apply in your case. Here, on this web site, we merely give you a rough idea of the law for information purposes only. Nothing on this site should be construed as legal advice.
For More Information:
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