When a couple divorces, their marriage is considered over. If a couple were to pursue an annulment, it would be like saying the marriage never existed in the first place. In Indiana, marriages are annullable, but there are specific and limited grounds for annulling a marriage in Indiana. In this article, the Indiana family law attorney, Chris Arrington, will discuss Indiana’s annulment laws and how you might get a marriage annulled in the state of Indiana. 

Indiana laws on annulment

Indiana’s annulment laws can be found in chapters 8 and 9 of Indiana Code 31-11. These laws cover marriages that are considered either void or voidable. Chapter 10 covers the procedures required to annul a voidable marriage. 

Voidable marriages are those that are considered unlawful or invalid in Indiana. In most circumstances, these marriages do not require court proceedings to be voided or annulled. As an example, a marriage that included one individual who was still legally married to another party is considered void under Indiana state law. Bigamy is not permissible under Indiana law. Hence, if one party is already married, a subsequent marriage would be considered void. In addition to marriages involving a married partner, marriages between parties that are more closely related than second cousins are considered void in Indiana. You can void such marriages without court proceedings. 

Voidable marriages, on the other hand, require court proceedings. A court proceeding may be required to annul a marriage if one or both parties were mentally incompetent when the marriage took place. Further, court proceedings may be required to annul a marriage between Indiana residents who intended to evade Indiana law. 

Individuals are only allowed to seek an annulment of their marriage under two circumstances. These circumstances include incapacity to marry due to age, mental incompetence, or fraud by one of the parties to the marriage. 

For annulments involving allegations of fraud, Indiana law provides a statutory defense for the defendant to such an action. Indiana law allows the party fighting the annulment to allege that, after discovering the fraud, the other party continued to cohabitate with the alleged fraudster. This is known as a condonation defense. 

Annuling voidable marriages in Indiana

Indiana Code 31-11-10 contains the laws governing the process of petitioning the court for an annulment. Under Chapter 10, any action pursuant to the annulment of a marriage must be entered into a circuit or superior court with jurisdiction over the marriage. One exception exists, however. If the court has authorized a guardian to file an action to annul a marriage on behalf of an incapacitated person, they can file in the county of their residence if they have resided in that county for at least three months before the annulment action. 

Talk to an Indiana Annulment Attorney Today

Chris Arrington represents the interests of those who are seeking an annulment in Indiana. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.