Annulment

An annulment (or judgment of nullity) may be granted only in statutorily defined circumstances which fall into two categories: void and voidable.

Void Marriage Grounds

1. Incest - The law will not recognize marriages between parents and children, ancestors and descendants of every degree, brothers and sisters, half brothers and half sisters, uncles and nieces and aunts and nephews. These marriages are incestuous and void from the beginning.
2. Bigamy - The law will not recognize a marriage entered into while either party has a living spouse from whom no valid divorce has occurred. However, the innocent party (the one not already married) may have rights as a "putative spouse"

Voidable Marriage Grounds

1. Minority - A marriage may be void if the petitioner was under 18 at the time of marriage and did not have the requisite parental and court consents. However, if the petitioner continued to freely live with the respondent as husband or wife after reaching the age of 18, the marriage is likely not voidable.
2. Bigamy - A marriage may be void, rather than void, if the spouse in the preceding marriage was presumed dead or if their whereabouts were unknown for the preceding five years. A request to obtain a judgment of nullity may be filed by either party or by the prior spouse.
3. Unsound Mind - A marriage may be void if either party was of "unsound mind" at the time of marriage. A party is of unsound mind if he or she is incapable of understanding the nature of the marriage contract and the duties and responsibilities it creates.
4. Fraud - A marriage may be void if the marriage was obtained based on fraud through the concealment of matters which are vital to the marriage. Not all deception is grounds for an annulment, you should discuss the specifics of your situation with the attorney.
5. Force - A marriage may be void if either party's consent was obtained by force. Mere threats may be sufficient for a judgment of nullity if those threats were the cause of the consent.
6. Physical Incapacity - A marriage may be void if, at the time of the marriage and continuing into the marriage either party is incapable of engaging in normal copulation and the physical incapacity appears to be incurable.

Putative Spouse

Under the putative spouse doctrine when a marriage is invalid due to legal deficiency the innocent spouse may be entitled to relief as a recognized spouse if that spouse had a good-faith and objectively reasonable belief that the marriage was legally valid. A party that qualifies as a "putative spouse" is entitled to be treated as a true spouse for the purposes of property division, support, attorney fees and costs.

If anything in the above descriptions sounds familiar, please contact Attorney Erica C. Affinito so she can help. These issues are complicated and can be overwhelming. It is important that you understand your rights so that you can make an informed decision and take control of your life. Pleadings based on the above circumstances have to be filed within a certain timeframe, please contact Attorney Affinito before time runs out.