Can I Have My Marriage Annulled?
People get their marriages annulled for a variety of reasons – personal, religious, even regret. But obtaining an annulment is not as simple as you may think. Legally, you have to have a reason. The rules for annulment vary from state to state. If you are seeking an annulment, make sure to speak with your attorney about the process and qualifications to go through with this decision.
Annulments are usually granted if the following requirements are met:
- If your spouse was married to someone else at the time of your marriage
- If you — somehow — married a relative
- Your spouse was not mentally stable to make the decision to get married
- Your marriage consent was fraudulent
- Your spouse is impotent
- Either one of you were under the age of consent at the time of marriage
When you request an annulment, you will need to give your reason(s). You will also need to provide clear-cut evidence that support your reason(s). Unlike a divorce, couples can’t just agree to get their marriage annulled. The court has to order it based on proof you qualify for it.
Where to File Your Annulment
Generally, you want to file your annulment in the county where you live. Depending on the state, there may be residency requirements
In some cases, you may be able to file your annulment in the county where you were married. For example, hundreds of people each year have drive-thru weddings in Nevada. And many of them end in annulments. As long as you’ve lived in Nevada for six weeks or got married in Nevada, you can file for an annulment. You may want to seek an attorney if you are skeptical about the rules.
When To File an Annulment
People usually seek an annulment attorney after a short marriage. However, the requirements for requesting one depend on two things: you state’s laws and the circumstances surrounding your case.
Sometimes annulments can be a little tricky, so it is better to seek help from an attorney who is knowledgeable about the law and can help you through the process.
Questions to Ask Your Attorney
If you are seeking an annulment and do decide to use an attorney, here are a few questions you may want to ask:
What is the timeframe for taking action and requesting an annulment in my state?
Do the reasons for me seeking this make a difference within the filing timeframe?
If I plan on moving soon, can I still file an annulment where I live, or will that affect the proceedings?
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