Annulment | Family Law Attorney

Is an annulment the same as a Dissolution of Marriage?

An annulment is different from a Dissolution of Marriage.

 

What is the difference between an Annulment and a Dissolution of Marriage?

An annulment declares the marriage that is being sought to be annulled void as if it never happened. The Final Judgment of Annulment ends the process (if it is not appealed). When you have a Final Judgment of Dissolution of Marriage, it is possible to have it modified.

 

When can I file for an Annulment of my Marriage?

There are a limited amount of circumstances when you can file for an annulment. They are:

  • Lack of Mental Capacity to get married.

  • Lack of Legal Capacity to get married.

  • Lack of Consent.

  • Fraud, Misrepresentation, Duress, Concealment.

  • Lack of Consummation.

 

Who has the burden to prove that a marriage should be annulled?

It is the burden of the party who is claiming the marriage is void to provide the proof to the Court.

 

If there is an allegation of fraud or misrepresentation, can either party bring that claim to the court?

The party who did not commit the fraud or make the misrepresentation is the one who can make the claim for annulment under these grounds.

 

Can someone still file for a Dissolution of Marriage if an annulment has been filed?

If you believe that the grounds sought in the annulment are not correct, you can still file a Counter Petition for Dissolution of Marriage.