Void marriages are not recognized legally. They are prohibited by law. Here, the marriage will be voided immediately without any court order, once the court's attention has been brought to it. A marriage can be considered void in Pennsylvania for any of the following reasons:
- If you or your spouse are under the age of 18
- If you or your spouse did not consent to the marriage due to incompetence, mental incapacity, or unwillingness to consent
- If you and your spouse are first cousins or related closely to each other
- If you or your spouse was already married to another person without sufficient annulment or divorce (This implies a bigamous or polygamous marriage, which Pennsylvania law does not permit)
Under Pennsylvania family law, voidable marriages are considered valid. However, they may be declared void due to some questionable elements. Annulling such a marriage requires that a trial and hearing take place in a court of law. Also, either spouse must have enough evidence to support the reasons for the annulment. A marriage can be considered voidable in Pennsylvania for any of the following reasons:
- If you or your spouse are below 16 years of age
- If you or your spouse are under 18 years of age but were married without the consent of your parents or legal guardians
- If you or your spouse were under the influence of drugs or liquor at the time of the marriage (In a situation like this, you have to initiate the annulment within 60 days of being married.)
- If you and your spouse are physically unable to have sexual intercourse, and the condition cannot be cured (However, this condition is only valid if the other party lacked any prior knowledge of the condition before being married.)
- If you or your spouse consented to the marriage under duress, undue pressure, coercion, fraud, or force
- If you got married under the age of 18 but have since decided that the marriage was a mistake, you may still qualify for an annulment since you were underage when the decision was made.
The amount of time you have to file for annulment varies from case to case. Seeking legal counsel sooner rather than later is important. You don't want to risk your right to an annulment being waived by the state. Talk to an experienced Pennsylvania annulment attorney today to help you end your marriage and rectify the situation.
Why You Should Consult an Annulment Attorney
Handling annulments in Pennsylvania involves a lot of complicated processes. Any failure to properly complete the required court documents in your annulment case can lead to your case being thrown out by the court. A knowledgeable attorney is in the best position to help navigate your annulment case through court properly. With the guidance of an experienced attorney, you can increase your chances of a successful outcome in your annulment case.
What to Expect From the Annulment Process In Pennsylvania
During an initial consultation, your annulment attorney will discuss your case with you. The attorney will evaluate your specific situation and determine if an annulment is possible. You can expect the following:
- Child support or child custody will not be affected.
- There is no potential for alimony or property division.
For further specific information in regard to the procedure for getting an annulment, as well as what to expect at a trial or hearing, please contact my law firm as soon as possible. As an experienced family law attorney, I will discuss your available options and provide suitable answers to your questions and concerns.