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Top Legal Questions about Marriage Annulment by Meghan Jones





Article Author Biography
Top Legal Questions about Marriage Annulment by
Article Posted: 05/18/2013
Article Views: 54
Articles Written: 575
Word Count: 650
Article Votes: 0
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Top Legal Questions about Marriage Annulment


 
Law
Having a marriage annulled can be a little tricky. Marriage should be a lifelong commitment, and there are times marriages are performed under false pretenses as well as for all the wrong reasons. Marriage annulments are very rare but they do occur. Read below the top five marriage annulment questions that were answered on question and answer sites like JustAnswer.

Q: What is a marriage annulment?

A: Marriage annulment is a legal document that states a marriage has never taken place. Annulment laws differ from state to state; many void the marriage at the date of the annulment while others wipe the marriage out completely. The steps to take to have an annulment are a little confusing. You must first prove that the marriage was made under false pretenses, or fraud and no sexual relations have taken place. Because of the legal issue it is best to talk to legal counsel to decide weather you marriage is able to be annulled.

Q: What is that law in Florida on marriage annulment?
A: In Florida there are no certain rules that pertain to marriage annulment. The innocent parties will bring forth the case to the court. The annulment is a method to decide that the marriage was taken place under deceit, either because of another existing marriage, or because the parties were not in the right state of mind or the lack of mental capacity. A marriage taken place by fraud can be annulled when the marriage has had no sexual relations. Pregnancy by itself can be an insufficient reason for an annulment. States may be different on the laws of an annulment of a marriage.

Q: Can someone obtain a Christian marriage annulment certificate if they cannot afford to get a divorce?
A: A Christian marriage annulment certificate is not a legal document. This certificate is only to show within the church that there is a divorce. Two things the church will look at before considering the annulment:
1. one or both did not want a lifelong commitment.
2. incapable of marriage due to mental illness or psychological conditions that prevented a lifelong commitment.

In the churches eyes, they believe that marriage is only valid when two people commitment to a lifelong communion.

Q: Can someone file for a marriage annulment if one party lives in Canada and the other is from Russia? The marriage was based on deceit and “green card” status.

A: An annulment is not common in Canada, however, that are special cases. On special cases, if the marriage was based on someone trying to enter the country and this is the only reason for the marriage then it will be considered fraud. Fraud is the one way that Canada will do an annulment. You must prove that this was the intention for the marriage. If the marriage had no sexual relations, then an annulment will be considered. Many different places have their own laws on marriage annulments.

Q: Do both parties have to be involved to file a marriage annulment in Virginia?

A: In the state of Virginia, they have a few requirements to obtain an annulment. The marriage annulments are divided into two different categories

1. Void Ab initio marriages that are against public policy – same sex marriages, bigamous marriage, marrying a relative, underage marriage
2. Voidable marriage- mental or physical conditions were married to a felon without knowing, married to a prostitute, fraud, or green card marriages.

Courts favor divorce over an annulment, marriage annulment hardly happens unless you meet the requirements. If your marriage is in one of the categories, you may file a lawsuit for an annulment. The marriage annulment should have both people involved. There are other ways to file an annulment if you do know where the other person is by “service publications”.

Related Articles - marriage annulment, annulment of marriage, what is marriage annulment, annulment marriage, what is annulment of marriage, how do you get a marriage an,

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