evirob said:
i married on dec. 22,2000 and want to know if i can get an annullment or need to go through divorce proceedings. we were married in connecticut but live in delaware.
My response:
Please tell me what your grounds for an annulment might be.
Time; i.e., short marriage ?
Incompatibility ?
Fault - - What kind ?
Incest ?
Fraud ?
etcetera ?
An annulment of marriage is possible when you can prove that the marriage wasn’t valid at the time it was entered into. Annulments are available in two situations:
where the marriage is considered absolutely “void” (a marriage that was never valid) or,
where it is considered “voidable” (a marriage that wasn’t valid initially, but can be declared valid if the parties agree it should continue).
Void Marriages
A marriage is absolutely “void” where it violates some strong public policy of the state. Examples include:
a bigamous marriage
an incestuous marriage
a marriage where one of the parties is very much underage or so mentally incompetent that they are unable to understand what a marriage is.
Voidable Marriages
A marriage is “voidable” where there was something so seriously wrong with the marriage that one of the parties would not have entered into it, had they known of the existence of the problem. Examples include:
a marriage where one party is impotent
a marriage where one of the parties was improperly compelled to marry
a marriage where one of the parties seriously misled the other about his or her intentions regarding the marriage, such as an intent to have or not to have children or to adhere to a particular religious standard.
Annulments of “voidable” marriages are usually available only for a relatively brief period of time after the marriage ceremony. If the parties remain together once the negative information comes to light, a court will conclude that both parties “ratified” (accepted) the marriage. Ratification is not, in theory, possible with void marriages. A court will often, however, strain logic to find such a marriage valid when it has existed for an extended period of time.
Effect of Annulment
Historically, an annulment meant that a marriage had been invalid from the very beginning. As a result, where an annulment was obtained, children born to the marriage were illegitimate and actions for spousal support and other post-marital rights were not permitted. As the legitimacy of children no longer rests on the marital status of the parties, many states have now allowed actions for support following void or voidable marriages. Usually the “equitable distribution” standard applied in divorce or separate maintenance actions is not applied in these situations. A court will usually distribute property acquired by the parties during an annulled marriage under a partnership theory.
IAAL
