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If you need to end your marriage, annulment and divorce are your two legal options. A marriage annulments attorney in Springfield, IL, should be your first stop in determining the right choice for you and your marriage. Basically, a divorce dissolves a marriage, but an annulment legally erases a marriage as if it never existed. Each form of separation returns the marriage parties to single status and allows them to marry again and each may be accompanied by the need to legally arrange custody for children and to divide assets and liabilities. When is annulment the right choice for ending a marriage? Two categories of marriages qualify for annulment: marriages that are void and marriages that are voidable. Void Marriages A marriage that is void was never valid from the start. Examples of void marriages include: - Bigamous marriages, where one or both parties were legally married to another person at the time of the marriage.
- Incestuous marriages, where the married parties have a familial relationship that legally prohibits them from marrying.
- Underage marriages, where one or both parties were under the legal age of consent at the time of the marriage and the marriage was performed without parental consent.
These marriages, because of their nature, were never legal to begin with, are classified as void, and can be annulled. Voidable Marriages A voidable marriage is one that was legally valid at the time, but should be cancelled because of one of the following reasons: - Fraud. When one party to the marriage makes false statements before the marriage and the other party believes these statements to be true and agrees to the marriage, there has been fraud.
- Coercion. When one party enters into the marriage under duress because of force or threats, the marriage is voidable.
- Mental Incapacity. If either party in a marriage is found to have been mentally incapable of consenting to marriage at the time of the marriage, an annulment is possible. The mental impairment can be due to illness or intoxication with alcohol or drugs.
- Inability to Consummate. A marriage is voidable if either party in a marriage was incapable of sexual relations or impotent during the marriage, as long as the other party did not know about the condition prior to the marriage.
It is important to remember that, in order for a marriage to be annulled, the situations described above must be proved. It can sometimes be costlier to provide proof of annulment requirements than it is to simply pursue a no-fault divorce. A marriage annulments attorney in Springfield, IL, can help you determine which course is best for you if you need to end your marriage.
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