Annulment
Last updated on February 18, 2025
Similar to a divorce, having a marriage “annulled” ends the legal union between the spouses. However, unlike a divorce, an annulment deems the marriage void from the very beginning. From a legal standpoint, it is as though the wedding never even happened.
Not every marriage can be annulled. There are very specific grounds that must be proven, and often, you must act quickly or you will be deemed to have “waived” your right to an annulment.
If you are in a marriage that you think should be voided, we can help. Ruppert Law Firm LLC will assess your situation and give you all of your options for separation, including the pros and cons of divorce versus annulment for your specific situation.
Frequently Asked Questions About Annulment
This guide will help you understand the basics of annulment, how it differs from divorce, and what you need to know if you are considering this legal option. If you have additional questions after reading this information, our attorneys are here to help.
What are the grounds for an annulment?
In Pennsylvania, you can seek an annulment on several grounds. These include:
- One spouse was already married at the time of the marriage (bigamy)
- One spouse was under the legal age of consent
- One spouse was incapable of consenting due to mental illness or intoxication
- The marriage was entered into under fraud or duress
- The spouses are too closely related by blood
- One spouse was physically unable to consummate the marriage and the other spouse was unaware of this at the time of marriage
Each of these grounds has specific legal requirements and time limits. For example, in cases of fraud, you must file for annulment within 60 days of discovering the fraud. It’s important to consult with an attorney or lawyer to determine if your situation qualifies for annulment and to understand the applicable time limits.
How is an annulment different from a divorce?
While both annulment and divorce end a marriage, they differ significantly in their legal implications. An annulment declares that the marriage was never valid in the first place, essentially erasing it from a legal standpoint. On the other hand, a divorce acknowledges that a valid marriage existed and then legally terminates it.
Annulments are generally more challenging to obtain than divorces because you must prove that your marriage meets one of the specific grounds for annulment. Divorces, however, can be granted without proving fault in Pennsylvania.
Another key difference lies in the financial implications. In a divorce, marital property is divided and spousal support may be awarded. With an annulment, the court treats the couple as if they were never married, which can impact property division and support obligations differently.
How long do individuals have to annul their marriage?
The time limit for seeking an annulment in Pennsylvania varies depending on the grounds for annulment. Some grounds have specific time limits, while others do not. Here are some examples:
- For marriages involving fraud or duress, you must file within 60 days of discovering the fraud or being freed from duress
- If one spouse was underage, the annulment must be filed before the underage spouse turns 18 or within 60 days of the 18th birthday if the spouses are still living together
- For bigamous marriages, there is no time limit
It’s crucial to act promptly if you believe you have grounds for an annulment. Waiting too long may result in losing your right to seek an annulment, leaving divorce as your only option to end the marriage.
What is the legal impact of an annulment?
An annulment has significant legal consequences as it effectively erases the marriage from a legal standpoint. This means:
- The marriage is treated as if it never existed
- Neither party can claim rights typically associated with marriage, such as inheritance or certain tax benefits
- Property division may be handled differently than in a divorce, as the concept of marital property may not apply
- Spousal support is generally not available after an annulment
However, it’s important to note that children born during an annulled marriage are still considered legitimate, and both parents retain their parental rights and responsibilities.
Can individuals get an annulment if they have children?
Yes, you can obtain an annulment even if you have children from the marriage. The annulment process addresses the validity of the marriage, not the legitimacy of children. Pennsylvania law considers children from an annulled marriage to be legitimate. This means that child support, custody and visitation rights will still need to be determined, similar to divorce proceedings. It is crucial to address these matters to ensure the well-being of the children involved, and a lawyer can assist in resolving these issues.
How long does the annulment process take?
The duration of an annulment process varies depending on several factors, including:
- Grounds for annulment
- Complexity of the case
- Cooperation between parties
If the grounds are straightforward and both parties agree, the process may take a few months. Contested annulments or those with complicated financial issues can take significantly longer.
Can an annulment be denied?
Yes, a judge can deny an annulment if you don’t meet the legal grounds or fail to provide sufficient evidence. In such cases, you may need to pursue divorce instead.
What documentation is required to file for an annulment?
To file for an annulment in Pennsylvania, you will need to provide documentation, including:
- Marriage certificate
- Birth certificate
- Proof of residency
- Witness statements
Gathering these documents is crucial to successfully seeking an annulment. An attorney can guide you through this process, ensuring you meet all filing requirements.
Ready To Discuss Your Case?
The annulment process can be complex. We can help you through the process and determine the best course of action to ensure your rights are protected. Contact our firm today to schedule a consultation by calling 412-730-2187 or emailing us online.