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Invalid Marriages

An annulment is an invalid marriage and is different from a divorce because it does not dissolve the marriage. Instead it declares judicially that no marriage ever existed. The courts will not grant an annulment without the existence of very specific facts to support a finding of invalidity.

As a matter of law a judge may adjudicate a marriage annulled in cases where one or both of the parties are under some impediment such as infancy (under age 18) or incapacity (insane). In addition a judge will also grant an annulment as a matter of law where one or both of the parties were already married at the time they agreed to marry each other.

A judge can also annul a marriage when the facts of such present fraud, impotency, duress, concealment of pregnancy by someone other than the husband, or concealment of contagious diseases, and misrepresentation. In order for an annulment to be granted on these grounds one must prove that the issue goes to the essence of the marriage.

If you think that your marriage might be invalid contact us for more information on the laws involving the invalidity of marriage and annulment.