Annulment | Annulment Attorney in Bucks County
Does my marriage qualify for annulment?
For various reasons, a couple may want to declare their marriage invalid as if the parties never married through getting an annulment. While it can be difficult to obtain an annulment in Pennsylvania, it is not impossible with the help of an experienced attorney.
Pennsylvania divorce law recognizes grounds for annulment based upon two types of marriages: marriages that are void from the onset of the marriage and those marriages which are considered valid but voidable.
The circumstances surrounding a marriage which can be deemed void from the onset can include situations such as: one person at the time of the marriage was already married to someone else, the spouses are closely related (i.e., mother, father, brother, sister, first aunt/uncle, first cousin or grandchild), or either party was found incapable of consenting to the marriage due to the lack of mental capacity to enter into the marriage
In order for a marriage to considered valid but voidable and subject to annulment, the following criteria must apply under 23 Pa. Cons. Stat. §3305:
— Either party is under the age of 16 and did not have the consent of the Court
— Either party was age 16 or 17 and did not have parental consent nor Court authority to marry and the marriage was not subsequently approved upon reaching the age of 18 and an action of annulment was commenced within 60 days after the marriage ceremony
— Where either party was under the influence of drugs/alcohol and the action for annulment is commenced within 60 days after the ceremony
— Where either party to the marriage at the time of the marriage was naturally and incurably impotent, and still is, and this was not known to the other party prior to the marriage
— Where one party was lead into the marriage based on fraud, duress, coercion or force and there was no voluntary cohabitation after the knowledge of this fraud, duress, coercion or force.
In cases of voidable but valid marriages seeking annulment, until a decree is obtained from the Court, the marriage is valid unlike those that are deemed void from inception.
When you need an attorney to represent you with your legal matters, contact the Law Offices of Michael Kuldiner, P.C. in order to obtain the best results possible in each case. To arrange a consultation, please give us a call at (215) 942-2100 or contact us by submitting the form at top right.