info on alnullments and divorces

[myra1978]

I have a friend from Oklahoma who has been married since June 29, 2002. He has been separated from his wife since mid-October. He is wanting to get an anullment. They were married in Arkansas. They have two kids together, of course conceived before the marriage. Are they able to get an anullment, or do they have to get a divorce? If they are able to get the marriage annulled, do they have to do it the town they lived in, or can it be done anywhere?

 

[Whyte Noise]

Annulment is a judicial determination that although a marraige relationship was attempted that no relationship existed.

In an annulment the relationship is declared null and void.

Grounds for annulment may vary from state to state, but generally grounds for annulment are based upon one of the parties not being legally competent to enter into the marriage. i.e., underage, already married to someone else, under court order not to marry, mental incompetency. Fraud by one of the parties, and even impotency, may be grounds for an annulment. Pregnancy of the wife prior to the marriage, if hidden from husband may be grounds. Generally the fact the parties have only been married for one day or short period of time does not constitute grounds for annulment.

Once there has been a legal marriage between two parties legally compentent to marry, then the relationship must be terminated by Divorce, not annulment.

 

[ellencee]

I think I recall that children born to the couple prior to the marriage negate any complaint for an annulment--at least if I remember GA's and NC's rules, or laws.?