When two parties enter into a marriage, there are several ways to terminate this relationship. One way is obviously divorce. Another way to terminate a marriage agreement is through annulment. This happens when the court determines that a marriage is void or voidable, and returns both parties to their previous status, as if the marriage never happened.
So, when can you have a marriage annulled? There are several circumstances that allow you to have a marriage annulled. The first is if the marriage was not legal. This includes an underage spouse that did not have parental consent, or a spouse that was married to another party at the time of the marriage. Another less common issue is a marriage that is incestuous and involves parties that are related by blood. If a party to the marriage is unable to consent due to limited mental capabilities or being under the influence of alcohol or drugs, this is also grounds for annulment. If a party is coerced, bribed or forced to submit to marriage, the marriage may be annulled.
There are other less-known grounds for an annulment. This includes violation of a remarriage clause in a divorce decree, one party was denied the right to remarry after a divorce, or one or both parties entered into the marriage with the agreement that it would not be binding. This is common in cases of persons who immigrate to the United States and marry in order to gain citizenship.
If you are successful in having your marriage annulled, your marital status will revert to “single, never married” if this was your first marriage. If the annulled marriage was a second or subsequent marriage, your marital status will revert to whatever it was at the time your last marriage ended (through divorce or death of your spouse, etc). This is a very important distinction to understand for many legal documents and tax issues.
Laws on marriage, divorce, annulments and dissolution of marriages vary from state to state. If you have any questions about these topics, it is important to contact a Las Vegas Divorce Attorney for the most accurate information. Your attorney can discuss your situation and help you determine what your options are. Once you’ve decided the proper course of action, your attorney can help you pursue your goals.