Family Law & Immigration Attorneys
What Marital Situations Are Grounds for Annulment?

What Marital Situations Are Grounds for Annulment?

Many believe an annulment to be an easier and quicker alternative to divorce, but it is actually much harder to obtain.

Annulment is a court process declaring a marriage never existed; it can only be given in rare circumstances.

Reasons for Annulment

A person can’t suddenly decide they don’t like their spouse anymore and seek an annulment; doing so would be an abuse of the annulment system. A couple will only be granted a marriage annulment under very specific circumstances..

Reasons for annulment include:

  • Bigamy: One spouse was currently married to another living person(s) at the time of the marriage.
  • Underage: One or both spouse(s) was under the age of 18 at the time of marriage. They also do not have written consent from their parents or a court.
  • Relatives: If the spouses are parent & child, grandparent & grandchild, brother & sister, first cousins, or one spouse is the aunt or uncle of the other.
  • Lack of Mental Capacity: If one or both spouse(s) is mentally incompetent, senile, or insane.
  • Impotence: If one or both spouse(s) was impotent at the time of marriage and it is permanent or incurable.
  • Common Law Marriage: In the state of Missouri, any common law marriage entered after 1921 is considered void.
  • Fraud or Duress: If one or both spouse(s) entered a marriage in a heightened emotional state of fear or were coerced in any way.

How to Get an Annulment

Even though a marriage is considered void under any of the above situations, you must still seek an annulment from the court. The law regarding annulments is complicated and it could be difficult to prove why an annulment is necessary. An attorney skilled in annulment law can help you obtain the outcome you seek.

Reach Out to Smith Law Offices, LLC

Our attorneys are very familiar with what grounds constitute the need for a marriage annulment. We will do everything we can to help you ensure your marriage is null and void in the eyes of the law.

Contact us online or call our firm at (636) 400-1177 for a legal consultation.

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