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Divorce

annulment

An annulment is a lawsuit to have a court declare a marriage was invalid and the parties were never in fact married.

The grounds for an annulment vary from state to state but typically include: (1) the person seeking the annulment (the petitioner) was under age (18 years, for example) and did not have parental consent or a court order; (2) the person seeking the annulment (the petitioner) was under the influence of drugs or alcohol and did not have the capacity to consent to the marriage; (3) either party, for physical or mental reasons, was permanently impotent at the time of the marriage and the other party was not aware of the impotency; (4) the other party used fraud, duress, or force to induce the petitioner to enter into the marriage; (5) at the time of the marriage the petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect; (6) the other party was divorced from a third party within the 30-day period preceding the date of the marriage ceremony, and at the time of the marriage ceremony the petitioner did not know, and a reasonably prudent person would not have known, of the divorce; and (7) the marriage ceremony took place before any waiting period (72 hours, for example) following issuance of the marriage license.

An annulment on any ground is often available only if the parties did not live together (cohabit) after the party seeking the annulment was no longer under the influence of drugs or alcohol, or learned of the facts that are the basis for the annulment sought. A marriage subject to annulment is often said to be a nullity, void, or void ab initio (void from the beginning).

The grounds for an annulment are usually found in a state’s statutes—often in the family code.



State Statutes for the State of Texas

CHAPTER 194 - MARRIAGE AND DIVORCE RECORDS

REPORT OF DIVORCE OR ANNULMENT. (a) The department shall prescribe a form for reporting divorces and annulments of marriage. (3) the date the divorce or annulment of marriage was granted; and (c) When an attorney presents a final judgment for a divorce or annulment of marriage to a court for (2) a certified copy of a report of divorce or annulment of marriage.

CHAPTER 7 - AWARD OF MARITAL PROPERTY

In a decree of divorce or annulment, the court shall order a division of the estate of the parties in In a decree of divorce or annulment, the court shall determine the rights of both spouses in a pension In a decree of divorce or annulment, the court shall specifically divide or award the rights of each (a) If in a decree of divorce or annulment the court does not specifically award all of the rights of AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT.

CHAPTER 9 - POST-DECREE PROCEEDINGS

(a) A party affected by a decree of divorce or annulment providing for a division of property as provided The court that rendered the decree of divorce or annulment retains the power to enforce the property or annulment is beyond the power of the divorce court and is unenforceable. or annulment against the other party to the divorce or annulment. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT DIVIDED ON DIVORCE OR ANNULMENT.

CHAPTER 123 - DISSOLUTION OF MARRIAGE

(b) If, after the testator makes a will, the testator's marriage is dissolved by divorce, annulment, not a surviving spouse of a decedent if the person's marriage to the decedent has been dissolved by divorce , annulment, or a declaration that the marriage is void, unless: (2) "Divorced individual" means an individual whose marriage has been dissolved by divorce, annulment , annulment, or a declaration that the marriage is void, any payable on request after death designation

CHAPTER 1 - GENERAL PROVISIONS

"Suit for dissolution of a marriage" includes a suit for divorce or annulment or to declare a marriage

CHAPTER 191 - ADMINISTRATION OF VITAL STATISTICS RECORDS

(1) performing searches of birth, death, fetal death, marriage, divorce, annulment, and other records (2) preparing and issuing copies and certified copies of birth, death, fetal death, marriage, divorce , annulment, and other records; and records maintained by the registrar or county clerk, including birth, death, fetal death, marriage, divorce , and annulment records;

CHAPTER 108 - CENTRAL RECORD FILE; VITAL STATISTICS

transmit to the central record file the pleadings, papers, studies, and records relating to a suit for divorce or annulment or to declare a marriage void.

CHAPTER 45 - CHANGE OF NAME

(a) On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the

Federal Statutes

§ 8467. Court orders

(1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal

§ 8445. Rights of a former spouse

extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree , annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation. incident to any decree of divorce, annulment, or legal separation.

§ 2094. Attachment of moneys

another individual if and to the extent expressly provided for in the terms of any court decree of divorce , annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 8705. Death claims; order of precedence; escheat

Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce , annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 178. Retirement of judges of the Court of Federal Claims

Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce , annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. , annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 231m. Assignability; exemption from levy

property for the purposes of, or property subject to, distribution in accordance with a court decree of divorce , annulment, or legal separation or the terms of any court-approved property settlement incident to any

§ 2002. Definitions relating to participants and annuitants

(A) a court decree of divorce, annulment, or legal separation; or (B) a court order or court-approved property settlement agreement incident to such court decree of divorce , annulment, or legal separation.

§ 4069c–1. Health benefits for certain former spouses

formerly married to an employee or former employee of the Foreign Service, whose marriage was dissolved by divorce or annulment before May 7, 1985; (2) who, at any time during the 18-month period before the divorce or annulment became final, was covered