What is annulment of a marriage?
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Annulment is a legal procedure that dissolves a marriage as if it had never happened. A marriage can be annulled for various reasons depending upon particular circumstances and state laws. However, a marriage may generally be annulled in the following situations: 1) where the marriage between the parties is prohibited by law; 2) where either party was impotent at the time of marriage; or 3) where either party had a husband or a wife living at the time of the marriage, unless they cohabited after the death or marriage dissolution of the former spouse of such party; or 4) where either party was a ward under a guardianship and was found by the Court to lack the capacity to contract a valid marriage. Please see specific state for details and/or differences.
What is annulment of a marriage?
This is not a substitute for legal advice. An attorney must be consulted.
ALABAMA A marriage can be annulled If one of the parties lacked the capacity to enter into the marriage or if the marriage was void for any other reason at the time of the marriage. The minimum age for getting married in Alabama is fourteen years old. A person under the age of fourteen is incapable of entering into a contract of marriage. A person between fourteen and eighteen years old can marry but must have the consent of parents or guardians. The parents must also post a bond in the amount of $200.00 payable to the state. Alabama Code 30-1-3 to 30-1-18. ALASKA A marriage may be declared void for any of the following causes existing at the time of the marriage: 1) that one of the parties was under the age of legal consent, and the marriage was contracted without the consent of the parents - legal consent is age 18, but a person age 16 or 17 can be married with the written consent of parents; 2) that either party was of unsound mind, unless that party after coming to reason freely cohabited with the other as husband and wife; 3) that the consent of either party was obtained by fraud, unless that party afterwards with full knowledge of the facts freely cohabited with the other as husband and wife; 4) that the consent of either party was obtained by force, unless that party afterwards freely cohabited with the other as husband and wife; or 5) failure to consummate the marriage at the time of the marriage and continuing up to the time of the commencement of the action. AS 25.24.030. ARIZONA The Arizona Superior Courts have a power to rule that a marriage is null and void on the basis of any grounds which make the marriage absolutely void or voidable at the option of one of the parties. Age 18 is the minimum age to be legally married, unless the parents consent to the underage marriage. False representations of love and affection together with fraudulent intent to deprive a spouse of her property have been sufficient grounds to form the basis of an annulment. ARS §25-301. ARKANSAS Ark state Ann. 9-12-201. The minimum legal age for marriage in Arkansas is 17 for male and 16 for a female, with the consent of parents or guardians. Without consent, the minimum age is 18. If an application for marriage is made where one or both parties are under the minimum age and the female is pregnant, the parties may ask a judge to approve issuance of a marriage license. Ark. stat. Ann. 9-11-102, and 9-11-103. CALIFORNIA A marriage is voidable and may be ruled a nullity if any of the following conditions existed at the time of the marriage: 1) a party was without the capability of consenting to the marriage - one must be 18 years old or have written consent of parents and a court order if under age 18; or 2) one of the parties was already married; or 3) either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as husband or wife; or 4) the consent of either party was obtained by fraud; or 5) the consent of either party was...
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