Under what circumstances can I apply for annulment?
Annulment can be interpreted as the fact that the marriage itself is considered invalid because the marriage was not legal from the beginning. Anyone who could annul a marriage would want an annulment instead of a divorce, but filing an annulment can only be done under very limited conditions and requires a reason to consider the marriage itself unjust.
Because the conditions for filing an annulment vary from state to state, it is essential that you seek the advice of a state attorney, but most states allow you to file an annulment for the following reasons:
• Loyalty – if either spouse was already married to another at the time of marriage.
• Forced Consent – When one of the spouses is forced into marriage by coercion and intimidation.
• Fraud – when one of the spouses consents to marriage based on the lie or misrepresentation of the other.
• Marriage Prohibited by Law – In case of incest prohibited by law
• Mental illness – if either spouse was mentally ill or emotionally disturbed at the time of marriage.
• Mental incompetence – if either spouse was under the influence of alcohol or drugs at the time of marriage, preventing them from thinking normally.
• Physical Impairment – When either spouse does not have the physical/sexual capacity to sustain a marriage.
• Minor Marriage – When either spouse is married as a minor without parental consent or court approval.
As a result, annulment can be more difficult to enforce than divorce because it is given only in precise circumstances, and because annulment is recognized as a marriage that did not exist in the first place, it can lead to the loss of claimable property rights in the event of a divorce. Therefore, if you are considering annulment, we recommend that you seek the help of an experienced annulment and divorce attorney in your state.