An annulment is a declaration by the Circuit Court that there is a defect in the marriage such that the marriage is void.

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.

A divorce dissolves a valid marriage, whereas an annulment recognizes and declares a marriage to be so defective as to be non-existent.

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. 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 inncompetent 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.

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. If there is cohabitation with knowledge of the circumstances of if you have lived with your spouse for two years of more before filing a petition for annulment, you will be required to file for a divorce instead of an annulment.

Because we are experienced in annulment cases. We have successfully handled 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 track record, when it comes to annulment; we know what we are doing because we have done it. 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.

We have actually had a client come to us after another (inexperienced) attorney "botched" his annulment, because she did not know what she was doing. We were able to take over the case and after amending documents, finalize his annulment.

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.

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 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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