What Happens in a Civil Annulment Case

civil annulment

Three different court procedures exist to address a marriage that is not working. The most widely used process is divorce. In the alternative, a couple could also file for legal separation. This typically is done if there exists a religious opposition on the part of the couple to divorce. Finally, in a very limited set of circumstances, a couple can seek a civil annulment of their marriage.

Petition for Civil Annulment

The first step in an annulment case is filing a petition with the court. In some case, this legal document is called a complaint.

The petition must allege one of four reasons why an annulment is appropriate. These are: a party was not of a lawful age to marry at time of the wedding, a party was not competent at the time of the wedding, the parties are too closely related by blood or a party was already married.

Financial Issues

As happens in a divorce case, a court in an annulment proceeding will address financial issues. The court will distribute assets and debts between the parties. In a community property state, the division is done equally. In an equitable division state, the distribution is not necessarily equal but done in a fair and just manner.

Child Issues

If the couple has a child or children, the court will enter orders addressing custody, parenting time and child support. In this area, an annulment case is quite like a divorce proceeding.

As an aside, from a legal standpoint, children born to a marriage ultimately annulled are not considered born out of wedlock. Although this historically was the end result of an annulment, states’ laws have been reformed to prevent this result.

Timing of Civil Annulment

State laws set forth specific timeframe in which an annulment case must be filed with the court. The failure to meet these deadlines usually forever precludes a person from obtaining a civil annulment. One exception to this rule is a situation in which a party concealed a material fact about his or her status. For example, if a person too young to wed in the first instance conceals that fact, the other party may be able to file for an annulment even if the generally established deadline for doing so has passed.

Whenever a person is involved in a legal proceeding, obtaining legal representation typically is the advisable course. This particularly is the case when it comes to complex court proceeding like civil annulment. In this regard, a person seeking this type of judicial relief will want to make sure to retain counsel that has specific experience in representing clients in need of an annulment. Typically, an annulment attorney does not charge a fee for an initial consultation with a prospective client.