When couples marry, the expectation is that they will stay together until the very end. The reality is that not all couples make it that far, and some find the need to end the union quickly. When couples decide to part ways early on during a marriage, the question of whether seeking an annulment may be a better option could come up. Divorce is the process most people know, and this procedure serves to dissolve the marriage, divide the couple’s financial resources, grant support, and establish child custody rules, as applicable.

Annulment is a very different process compared with divorce, and is most commonly associated with religious practices. However, there is also a civil annulment granted by the State that creates a different legal outcome. Instead of dissolving the marriage, annulment treats the marriage as if it never occurred. Unlike divorce, which is a no-fault process, an annulment requires proving specific grounds before a court will grant a petition. However, there may be legitimate reasons to file for annulment, outside of religious beliefs, that justify the added time and complication these cases commonly require. A discussion of the grounds a spouse requesting annulment must prove, and how courts deal with property, accounts, and children in these cases, will follow below.

Void Marriages

There are two distinct categories under which an annulment may be granted – void and voidable marriages. Void marriages mean the union was never legal from the time of the ceremony. Voidable marriages are valid at the time of the solemnization, but circumstances later emerge that render them potentially invalid. A court has discretion, depending upon the facts, whether to grant an annulment in these cases.

Void marriages are generally those that were illegal from the start or are immoral on their face, and include the following:

• The person was already married;
• The couple are first cousins, unless the marriage was conducted after September 1, 1977 and both parties were 65 years or older at the time;
• Either party was mentally incompetent at the time of the marriage; or
• A couple specifically gets married in another State to evade Indiana law that regulates the conditions attached to the issuance of a marriage license or to avoid the prohibition against marriage when a party is mentally incompetent or intoxicated.

Voidable Marriages

As mentioned above, voidable marriages appear valid when entered, but when later information comes to light, the validity is questioned. Courts do not have to grant these petitions, so those seeking an annulment under the following grounds must produce convincing evidence to have a fair chance at succeeding:

• Mental incapacity or underage at the time of the marriage; or
• Fraud on the part of the non-petitioning party.

In the case of mental incapacity, the other party must have reasonably known that competency was an issue, and if the party appeared to be competent, getting an annulment on this ground is highly unlikely. For fraud, the petitioning party must be induced into the marriage by a material misrepresentation from the other spouse, such as the ability to have children when he/she knew about infertility. Furthermore, if the petitioning party continued to live with the fraudulent spouse after discovery of the deception, this fact can be used as an affirmative defense and defeat any attempt to annul the union.

Dealing with Division of Assets, Children, etc.

The main goal of an annulment is to place the parties back where they were before the marriage occurred, which technically means no property should be divided or child-related issues be resolved. Of course, courts do not take such a hard line in these cases, and will follow the same procedures one finds in divorce to ensure that each party is left in a fair position.

Contact an Indiana Divorce Attorney

Ending a marriage brings a lot of implications, including some unexpected ones. To ensure that you receive an appropriate and fair settlement for your contribution to the relationship, work with Christopher L. Arrington, P.C. He understands the nuances of the law and the stress you are under, and will strive to get you the best possible result. Contact the Dansville office to schedule an appointment.