When is an Annulment Possible?

“So, legally speaking, can I make my marriage like it never happened?”

Occasionally, we are asked this question, and the answer, like most family law questions, depends on the facts and circumstances of your case.

For a court to grant an annulment there must be grounds. Essentially, those grounds amount to fraud. There must have been a misrepresentation that was material to your decision to get married. How about a lie about the number of times one of you has been married? That probably qualifies, especially if it negatively affects your life together. If, for instance, a former spouse, unknown to you, is coming after assets that you thought belonged outright to your spouse, you probably have grounds to get an annulment.

Or, if a divorce from a prior spouse was never finalized, that would probably make your marriage invalid, and also serve as grounds (or have that effect, perhaps even without a new court case).

If you are considering an annulment, you should consult with an attorney promptly. The longer you wait after learning of the misrepresentation, the lower your chances are that a court would find your grounds sufficient. If you want to make it like it never happened, don’t let it go on.

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Rosi & Gardner, P.C.

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