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Can our marriage be annulled if it was never consummated?

December 27, 2016 Blog

Most people get married intending to stay together forever, but that is not always the case. While most marriages must go through the divorce process, some may qualify for an annulment which is quite a bit different. When a couple divorces, it is documented in the county in which they live. If a couple is granted an annulment, the marriage is completely erased from all records as if it never happened at all. Because this type of dissolution is so extreme, there must be a good reason for it to be granted. Below is an overview of how annulments work and if you can obtain one if your marriage was never consummated.

Grounds For An Annulment

People who want to dissolve their marriage may be able to have it annulled if the following events have occurred:

  • One Spouse Was Married To Someone Else At The Time Of Marriage
  • One Party Is Impotent
  • Fraud Has Occurred
  • One Party Was Under The Age Of Consent At The Time Of The Marriage
  • One Party Was Mentally Unstable At The Time Of Marriage
  • The Marriage Was Incestuous

What If The Marriage Was Never Consummated?

The law allows annulments to take place in cases where the marriage was never consummated or one party was impotent or otherwise unable to consummate the marriage. It is important to determine if one party was deceitful and never intended to consummate the marriage in an annulment, as well.

What Are The Residency Requirements For Filing An Annulment?

Most annulments are filed in the county in which the couple live, so the residency requirements vary from state-to-state. Before filing for an annulment, it is important to contact the county courthouse and learn the residency requirements. This is especially important if you have recently moved to the county in which you live. Failing to meet the residency requirements may lead to your case being thrown out of court.

Can I File Pro Se?

You have the right to file your annulment Pro Se, which means without representation by an attorney. While this may be fine if your case is not difficult, it can lead to disaster if problems arise. For this reason, it is best to speak with an experienced family law attorney for advice before filing for your annulment.

If you have not consummated your marriage and have a valid reason for an annulment, you may benefit from speaking with an attorney for advice. During a consultation, an experienced family law attorney will go over your case and let you know if your marriage qualifies for an annulment or if a divorce will be necessary. Hiring an attorney is one way to be sure your case is handled quickly and efficiently, so you can dissolve your marriage and move on with your life. An attorney can also ease the stress and anxiety that often accompanies difficult family cases. While dissolving a marriage is never easy, an annulment is one way to totally erase it from your life so you can start over.



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