FAQs on Annulment
***The articles on this site are not intended to give legal advice and do not purport to do so. Our intention is to provide general information pertaining to legal topics. If you believe that you might not be lawfully married, or if you are considering separation or believe that your spouse is considering it, you should seek a confidential consultation with a good experienced divorce lawyer.***
What is an Annulment?
An annulment is a declaration by the Circuit Court that there is a defect in the marriage such that the marriage is void.
Can I get an annulment, if I haven't consummated my marriage?
Contrary to popular belief, you cannot have your marriage annulled because you did not consummate the union or because you changed your mind about the marriage shortly after the ceremony.
What is the difference between a divorce and an annulment?
A divorce dissolves a valid marriage, whereas an annulment recognizes and declares a marriage to be so defective as to be non-existent.
What are the grounds for annulment?
The following marriages are void from the start and consequently not recognized at law: 1) a marriage to someone who is already married and 2) marriage to a close relative. Under these circumstances, the marriage is void from the start. Either party may petition the court for an annulment on these grounds. There is no limitation as to when the suit may be filed.
There are other grounds for annulment which make a marriage voidable; that is, the marriage is legally valid unless one of the spouses files for an annulment on the following grounds:
1) one of the spouses was physically or mentally incompetent at the time of the marriage,
2) one of the spouses consented to the marriage under fraud or duress,
3) one of the spouses was a felon or prostitute without the other's knowledge,
4) the husband was impotent,
5) the wife was pregnant by another man without the husband''s knowledge or
6) the husband fathered a child by another woman within 10 months of the marriage.
If you believe you are not lawfully married or that you have any of the above grounds for annulment, CALL (804) 520-7060 for a confidential appointment with Attorney Virginia Dante Perry. Attorney Perry is experienced in annulment and has successfully handled many annulment cases. Or, if you prefer, click here to use the contact button and someone will contact you.
Unlike VOID marriages, courts will not grant an annulment of a voidable marriage if the spouses continue to cohabit or live together as husband and wife after discovery and knowledge of the circumstances constituting grounds for the annulment. In any case, you may not file for annulment if you have been married for two years or more. In other words, if there is cohabitation with knowledge of the circumstances or if you have lived with your spouse for two years or more before filing a petition for annulment, you will be required to file for a divorce instead of an annulment. Don't wait, CALL (804) 520-7060 FOR A CONFIDENTIAL CONSULTATION TODAY. Or use the contact button and someone will contact you.
Why choose Perry Law Group for my annulment?
Because we are experienced in annulment cases. We have successfully handled numerous annulment cases. We know what needs to be done and how to do it. We won't waste your time and money. You can count on the fact that we have a proven track record, when it comes to annulment; we know what we are doing and we have done it successfully in the past. We have never "lost" an annulment case; all of our clients whom we have qualified for annulment proceedings have obtained decrees of annulment as a result of our efforts in their behalf. If you think you qualify for annulment, call (804) 520-7060 for a confidential consultation or use the contact button and someone will contact you.
We have actually had a client come to us after another attorney "botched" his annulment. His first attorney was inexperienced in annulment cases and she did not know what she was doing. Instead of referring the client to someone else or associating someone with experience who could guide her through the process, she got in over her head. Fortunately, we were able to take over the case and after amending documents, finalize his annulment. If you are in the midst of an annulment proceeding and you have concerns about your case, GET A SECOND OPINION. CALL NOW for a confidential appointment (804) 520-7060 OR use the contact button and someone will contact you.
What is the procedure for annulling a marriage?
The procedure for an annulment is the same as for a divorce. The only procedural difference is the grounds for the law suit. However, the relief available in an annulment is different than in a divorce.
How is the relief in an annulment case different?
While the court may make a temporary order for spousal support and attorney's fees, during the pendency of the suit, the court has no authority to grant spousal support or equitable division. If there are children, the court may rule on custody and child support, even if the marriage is void.
If I don't have grounds for annulment, what do I do?
If you don't have grounds for an annulment and you still want to end your marriage, you will have to file for divorce.
If after reading over the foregoing information, you believe that you qualify for an annulment, or if you believe that you do not qualify for an annulment, but would like to make sure, and you would like someone to contact you, please click here.
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