Grounds for annulment include bigamy. Grounds for annulling a voidable marriage include serious fraud or a party’s legal incompetence at the time of the marriage.

In general, courts do not grant annulments based on one spouse’s misrepresentation of his or her marital history. These misrepresentations generally involve the number of times a party had previously been married and the circumstances under which previous marriages ended. In many jurisdictions, these misrepresentations must rise to the level that they interfere with what are termed the "essentials of marriage."

When courts do annul marriages on the basis of fraud, they do it if the misrepresentations "directly contradict the defrauded party’s religious belief"; for example, in the case of a subsequent marriage involving an observant Catholic when the new spouse claims that he or she is a widow or a widower when in fact he or she is divorced.

New York is one state that allows for annulments based on a concealment of a spouse’s prior marital status.

The children of annulled marriages are legitimate.

Most annulments are granted by religious tribunes.

See also Ab Initio; Nunc Pro Tunc

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1. So You Want an Annulment...
   Many spouses are under the impression that he or she are eligible for a legal annulment because they were only married for a short period of time or because they do not have any children with their spouse. These are typically not valid reasons for a court to grant an annulment. Duress, bigamy, and fraud are the most common grounds for an annulment.
   Contributed on 4/6/2007 by: DivorceDex.com Staff

   Category: Annulments  (Applicable in All States)
2. Number of Annulments Are Increasing...
   Due to the increase in identity theft and marriage requirements for immigrants to maintain or achieve permanent residency, more and more marriages are being labeled by the courts as fraudulent.
   Contributed on 4/6/2007 by: DivorceDex.com Staff

   Category: Annulments  (Applicable in All States)

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