Seeking an annulment is a way to end a marriage; however, not everyone is qualified to apply for one. In the legal sense, an annulment terminates your marriage by declaring it void from the start. Most people would need a divorce lawyer to guide them through the process. Here’s what you should know before proceeding with an annulment.

What Is an Annulment?

An annulment is a court order that declares that your marriage was nonexistent. It’s similar to declaring that you were never married. If you received a religious annulment, you are still required to obtain one through the courts to legally end your marriage.

In Connecticut, the following can be legal grounds for an annulment:

• A spouse is still legally married to someone else.

• There is an issue of incest.

• The marriage officiant was not authorized to perform the ceremony.

• Either spouse was under duress at the time of marriage.

• Either spouse was not mentally competent during the ceremony.

How Does an Annulment Differ from a Divorce?

While divorces and annulments similarly end a marriage, there is one key difference: Divorces terminate a valid marriage, while annulments proclaim that the marriage was never valid. Your marital status under an annulment becomes “single” instead of “divorced.” Couples commonly choose an annulment over a divorce if their religion doesn’t allow for divorces or if they don’t want their marriage to be considered valid. However, since the court decides on child custody and support matters, it’s best to have the guidance of an experienced divorce lawyer.

How Do You Get an Annulment?

The superior courts in Connecticut have exclusive authority to handle annulment cases. One spouse—the plaintiff—is responsible for serving and filing an annulment complaint to the superior court. After, the defendant can admit or deny the allegations. Both parties must attend a court hearing, with the plaintiff seeking to prove that the marriage should be annulled. The court will then decide on issues regarding child support and the division of debts and assets. It’s best to hire a divorce lawyer to help you obtain the best possible outcome. 

Annulment, divorce, and legal separation are never easy. Let The Law Office and Mediation Center of Jeannine M. Talbot in Torrington, CT, provide you with an experienced divorce lawyer who offers professional guidance and compassionate representation for cases involving family law, divorce law, child custody, and mediation. Call her office today at (860) 482-9004 to schedule your consultation, or make an inquiry via her website.