To become eligible for an Annulment, one has to prove that their marriage is void. This means that it was valid once, but now it is canceled. The cancellation grounds should be a mental impairment or unsound mind mainly due to consumption of drugs and alcohol. It is good to consult for an annulment; your family law attorney.
Do You Require an Attorney to File an Annulment?
A legal annulment is different from a divorce. Where divorce certainly means the termination of a lawfully existing marriage, a legal annulment says that the marriage is valid from its inception.
A legal annulment is a somewhat more complicated process than most people think of it. So, if you desire to get a legal annulment, you need to hire an experienced attorney to get it in your favor.
How can a Family Law Lawyer Help in Getting an Annulment?
A family law attorney has sufficient experience to get the case in your favor. The attorney starts by filling out all the necessary forms required to get the annulment, such as:
Family Court Cover Sheet
This form requires your basic information, such as your spouse and your children’s details, if you have children with your spouse together. The clerk of the court uses this information to open your case.
Complaint about Annulment
This form informs the judge and your spouse of the main grounds on which you requested annulment and your expectation from that annulment.
This is the form that informs your spouse that you have filed for an annulment. For this, your spouse needs to file a response within 21 days of receiving it.
Joint Preliminary Injunction
You can request an injunction while filing these papers. This form will restrict you and your spouse from hiding property papers, relocation, harassing each other or children, etc.
What Are the Grounds of Annulment?
There are minimal grounds at which the annulment of marriage can be sorted. The laws may vary from one state to another, but the majority of rules remain the same. Also, the reason a person seeks annulment remains the same in every state and country.
A person can seek an annulment on the grounds of incapacity at the time of marriage. It generally means that both or one of the partners are were mentally incapacitated or underage at the time of marriage. Difference Between Annulment And Divorce
One can claim annulment even if the spouse is married to another due to a second marriage. Lastly, a marriage can be annulled if a person married a prohibited member of the family. For instance, if it happens between first cousins, then that marriage is eligible for annulment.
All these grounds of annulment have one thing in common: one of the persons is not legally acceptable to do the marriage. It makes that the marriage was never valid.
Always keep in mind that state laws require a specific time to file for an annulment. If the annulment is not filed within that period, the person cannot cancel the marriage through a divorce, and neither demands a legal separation.
Retain an Annulment lawyer
A family law lawyer will appoint an introductory consultation to discuss your case and evaluate whether your case is possible for annulment or not.
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