Does my Short Marriage Mean I can get an Annulment?

 

Does It’s a common misconception that short-term marriages are easily annulled. Many people assume that if a marriage only lasts a few weeks or months, it can simply be erased. However, the  duration of the marriage  is not a sufficient reason to qualify for an annulment. Instead, annulments are based on specific legal grounds, and short-term marriages often end through divorce instead.

 

Why Duration Doesn’t Matter

 

No matter how brief the marriage was, annulment requires certain legal basis to prove that the marriage was never valid.  This generally means that the primary tenets for a marriage are lacking. These may include  :

• Bigamy: If one spouse was already married at the time of the marriage.
• Incest: When the spouses are related by blood or adoption.
• Mental Incompetence: If one spouse lacked the mental capacity to provide consent.
• Fraud: When consent was obtained through fraudulent means or misrepresentation.
• Force: If consent was coerced through force or duress.
• Physical Incapacity: If a party was physically incapable of consummating the marriage.
• Underage: When a party enters into marriage without the necessary legal age or parental consent.
• Time Limit: When the marriage was not consummated within 30 days.

Without these legal grounds, annulment will not be an option, regardless of how short the marriage was. It’s a common scenario for couples with brief marriages to pursue  divorce  instead, as it doesn’t require the same strict criteria.

 

Why Do I Hear so Much About Annulment?

 

Annulment is often more a religious process than a legal one. Certain religions will provide a process to annul a marriage so that the person seeking the annulment can marry within the church.   It does not legally invalidate marriage, but does so in the eyes of the church.    

 

Legal Alternatives: When Divorce is the Right Choice

 

When annulment isn’t possible,  divorce  remains a reliable legal option for ending a short-term marriage. Divorce:

• Doesn’t require grounds like fraud or incapacity, making it more accessible.
• Legally dissolves the marriage, ending any financial or legal obligations between spouses.
• Provides a structured way to divide assets or debts if they were acquired during the marriage.

While annulment is sometimes possible, it is far more likely a divorce will be necessary.

Call Attorney Maury D. Beaulier for a consultation.