- Education and Science
7 Reasons For An Annulment Of Marriage
annulment as opposed to divorce
Divorce is simple in no fault states as you only have to show that you're incompatible or have irreconciliable differences. By contrast, you must have a legal reason for an annulment which involves something happening before the marriage which makes the marriage no good. Here are seven reasons why someone could get an annulment as opposed to a divorce.
1. You we're under the influence of drugs or alcohol when you got married and did not have the capacity to make a rational decision about getting married.
2. You were already married or not yet divorced from your existing relationship such that another marriage would constitute bigamy which is a crime.
3. You married based upon misrepresentations of the other party about his/her sexual preference, wanting to have children, having sex, living together or fraud in the inducement, i.e., you discussed an issue essential to the marriage before getting married and your prospective spouse deceived you on that issue.
4. You married based upon material omissions of the other party about needing a green card, needing a sponser, needing your money, having a felony record, having serious debt or anything which if discussed you would not have married that person had you known the truth.
5. You married based upon a mutual mistake of fact such as religious differences, cultural misunderstandings or sexual wants and needs and but for this mistake of fact you would never have married the other person in the first place.
6. You married based upon a mutual mistake of law such as you are from outside the United States and think that the marriage is not valid in your country or you had an Elvis wedding in Las Vegas and thought it was just part of the entertainment package.
7. Any reason which would be grounds for breaking a contract in equity can be a reason for an annulment, e.g., duress by the other party to marry, negligent mistake of fact or law by one party, incapacity to contract because of age or mental illness, etc.
Just remember not to wait too long, i.e., more than a year to file for an annulment. It is always better and cheaper if both parties sign to annul the marriage. Also marriages based upon alleged fraud must often be proven with clear and convincing evidence. Children may complicate the annulment process because child support and custody issues have to be dealt with but you may still be eligible for an annulment while dealing with these issues.,