How to Start the Annulment Process in WV
You can end a marriage in West Virginia through divorce or annulment. An annulment is a declaration that your marriage wasn't legal and never existed. Therefore, if you were married through duress or never knew some of the facts about your wedding, you can file for annulment.
Filing an annulment in West Virginia is not as easy as it sounds. You must complete a specific process to be successful. This might take a lot of your time and money, contrary to your expectations. DoNotPay guarantees an easy way to file your annulment in WV with its Annul my Marriage product. Follow the steps below, and let's help you complete the process in the easiest way possible.
What is Annulment
An annulment in VW is a marriage separation based on the concept that it didn't exist legally. It's different from divorce since a divorce recognizes that the marriage was lawful and proper during its existence but requires it to be terminated now.
In West Virginia, once a judge awards an annulment, you and your spouse are not obliged to stay together. You also don't need to agree with your spouse for the annulment to arise. However, there are specific grounds for an annulment you must meet to complete these processes as described below.
Grounds for Annulment in West Virginia
There are specific grounds for annulment that you must meet in an annulment in WV are specified in West Virginia Codes 48-2-301-302 and 48-3-101-107.
|Underage||When a spouse is below the legal age of marriage.||Eighteen is the legal age for marriage in West Virginia. Those who are between the ages of 16 and 18 can get married legally, but with consent from a parent or legal guardian. Those below 16 can get married legally with the consent from a circuit court judge along with consent from a parent or legal guardian.|
|Incest||When spouses are related.||Marriage between two people who are related to the second degree is considered void.|
|Bigamy||When a spouse has a living spouse from a previous marriage.||The spouse currently has to be married to their first spouse for the second marriage to be considered void.|
|Incompetence||When a spouse is mentally unable to understand the marriage or is instance.||Insanity or mental incompetence has to exist at the time of the marriage, If the spouses live together after the incompetence is discovered, the marriage cannot be annulled.|
|Impotence||When a spouse cannot engage in sexual intercourse permanently.||Similar to incompetence, impotence has to exist at the time of marriage and the marriage cannot be annulled if the spouses continue to live together after the impotence is discovered.|
|Fraud||When a spouse hid or lied about something crucial to the marriage.||The fraud must be crucial enough that the marriage would not have occurred had the fact been known ahead of time. The marriage cannot be annulled if the spouses continue to live together after the fraud was discovered.|
|Force or Coercion||When a spouse was threatened or forced ot get married.||The coercion or force has to be present on the day of the marriage. The marriage cannot be annulled if the spouses continue to live together after coercion or force is gone.|
How to Annul Your Marriage in West Virginia
To annul your marriage in WV, follow these steps:
- File a "complaint about annulment in the county clerk's office: you should file your complaint in the county where you or your spouse lives or resides together
- Ensure that you've lived or married in WV for at least a year
- Ensure that the petition contains your spouse's information like social security numbers and addresses
- Please list the names, date of birth, and where they live in
- State the legal grounds for your annulment
- Indicate what you want the judge to do, such as child support, alimony, property division, and child custody
Once you've filled out the form, please send it to the local family court clerk's office. The court clerk will help you serve your spouse with the complaint if you haven't sent it by now.
After your spouse has been served with the complaint about annulment, you should attend a court hearing at the time scheduled by the court. It's recommended to bring evidence and witnesses to resolve your legal grounds for the annulment.
What Happens After an Annulment in West Virginia
The most obvious thing about an annulment in WV is that your marriage becomes null and void. However, other consequences come with this decision, such as:
- Allows you to get alimony from other members
- It gives you the right to get a share of the property accumulated during the alleged marriage period
Please note you and your spouse can disassociate with each other apart from the child's custody. West Virginia laws assume that children are entitled to support even after an annulment. Therefore, you must indicate how you would want your children's welfare to be handled while filing the request for annulment form.
Limitations for Annulment in WV
Annulment in WV can be difficult since there are specific grounds you must meet to complete the process. If you don't meet most of these requirements, you will find it hard to file your annulment.
How can DoNotPay Help You Annul Your Marriage in West Virginia?
Annulment in WV is not as easy as it sounds. You have to go through a particular procedure to complete this process. DoNotPay offers an easy way out to complete this process with ease. Take advantage of our Annul my Marriage service using the following three steps:
- Search for Annulment on the DoNotPay website.
- Kick off the process to see if your marriage is eligible for an annulment.
- Answer some specific questions about your marriage and see if your state law allows for an annulment.
Once you've completed these steps, we will give you a handy annulment sheet that you can use to file your annulment case. You don't have to worry about the challenges associated with this process again.
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Sign up today, and let's help you complete your annulment in West Virginia in the easiest way possible.