In the topic of divorces and divorce law, lawyers should make sure their clients are aware of the possibility of an annulled marriage. Similar to an annulled marriage, an otherwise valid marriage can be voided, in certain circumstances.
For example, a marriage may be voidable under the law of some states if:
- A person did not have the mental ability (capacity) to be able to understand that they were marrying someone;
- A person did not consent to the marriage at the time it was entered into;
- If a person had mental incapacity that neither party knew about at the time of the solemnization of the marriage;
- If one of the parties to the marriage ceremony was under the influence of alcohol, drugs, or other incapacitating substances;
- If the consent of either person was induced by fraud and there was no subsequent habitation of the parties;
- If one of the parties lacks the capacity to consummate the marriage by sexual intercourse and the other party, at the time the marriage was entered into, did not know about it;
- The person was under the age to be legally married.
Of all the reasons listed for a potentially voidable or annulled marriage, the last two are the most likely to be effective in a typical divorce or seperation proceeding. This is simply because it is uncommon for the other voidable marriage factors listed above to arise.
Your Apple Valley MN divorce lawyer should be able to explain the ramifications of annulments in your initial consultation. If you believe that there is a possibility that your marriage could be annulled, this is something you definitely should discuss with your attorney.
For further questions related to marital annulments or divorce law topics, please contact Joseph M. Flanders at flanderslawfirm.com.
