We all know the sad statistics that roughly half of all marriages end in divorce. What many people don’t know is that there is a variety of ways that a marriage can be dissolved. One way to dissolve a marriage is called annulment. When a marriage is annulled, it becomes canceled or void, as if it never even happened. Some instances in which a marriage may be annulled are as follows:
- Where either the husband or wife is under the age of 16.
- Where either the husband or wife was under the influence of alcohol or drugs at the time of the marriage ceremony. (Parties have 60 days from the ceremony to file for such an annulment.)
- Where either husband or wife is found out to be incurably impotent after the marriage ceremony.
- Where either husband or wife uses some type of deception or fraud to entice the other into the marriage.
Annulments have become less common since most states have enacted no-fault divorce statutes. In Pennsylvania, husbands and wives can agree to divorce for any reason whatsoever. The parties merely have to state that the marriage is “irretrievably broken.” If both husband and wife consent to the divorce, and property division can be agreed upon, it is quite possible that the marriage can be dissolved without ever setting foot in the courtroom.
Even if only one spouse wants to divorce, he or she can file for a no-fault divorce after two years of separation (three years separation if the marriage took place prior to 1988). In this scenario, the husband and wife still must divide their property. If they cannot reach an agreement, they will ultimately end up in court.
Finally, husbands and wives can still file for divorce based on fault in Pennsylvania. Some of the more common fault grounds include: desertion, adultery, cruel and barbarous treatment and indignities. A fault-based divorce will require that the parties go to court. These divorces can become time-consuming and expensive. However, there are times when a fault based divorce is the best option for an injured spouse.
If you have questions about divorce or annulment, give us a call.
— Amanda Davidson