What If An Annulment Is Not Granted?

Annul My Marriage What If An Annulment Is Not Granted?

What If An Annulment Is Not Granted The First Time Around

You believe you are in a voidable marriage, and you want out. Because you do not want to spend a lot of money, you file for an annulment. What if an annulment is not granted right away? DoNotPay can come to your rescue.

How to Cancel a Marriage

A marriage annulment, as opposed to a divorce, cancels a marriage and makes it so that it never legally happened. There are several reasons why the law would grant an annulment.

  • Bigamy
  • Marriage fraud
  • Incest
  • Inability to consent

If you can prove that these conditions existed at the time the marriage took place, a court is expected to grant an annulment.

Why Would an Annulment be Denied?

An overwhelming number of annulment petitions are granted by the court. However, there are some requests that the court turns away. Why would an annulment be denied?

  1. Statute of limitations
Because annulment rules are state rights issues, each state has its own rules. In some states, marriage partners only have a certain amount of time during which to file for annulment. If you file after this date, the court declares your union valid.
  1. Ineligibility
This article has discussed some of the reasons that would compel the court to grant an annulment. If you present them with other reasons, a judge or magistrate might not consider them valid for meeting the annulment requirements.

For example, you claim your spouse married you for citizenship only; they deny the allegation.

  1. Unjust enrichment
The court believes that you are filing for an annulment to gain a financial advantage over your marriage partner.

Annulment Denied: Now What?

What if an annulment is not granted in spite of your best efforts to prove your case? You still have options. There is a short window of time after the annulment denial that you can ask the court to reconsider its decision. In some cases, doing so can be as simple as providing more proof to the court that your petition is valid. The other option is to file for a divorce instead.

Annulment vs. Divorce

Consider also the option of filing for divorce. In a consideration of annulment vs. divorce, the annulment is typically cheaper and faster. 

  • How much does an annulment cost when compared to a divorce? The annulment will set you back the filing fee. A divorce may cost you attorney's fees, debt settlements, and court costs.
  • Can you get an annulment without the other person? If you can get the other person to apply with you, the court is more likely to grant the petition for annulment. If the other person is not on board with your idea, the court will likely schedule a hearing. This is similar to a divorce.
  • Can you get an annulment with a child? Courts will not allow you to walk away from your child. The judge will most likely tell you to file for divorce and work out a child support agreement, as well as plans for visitation. Even if the child is your stepchild, the court may still require you to file for divorce.

Under What Conditions Does the Church Grant a Marriage Annulment?

Most faith communities will not offer or ask for a church annulment process before you can marry someone else. One exception is the Catholic Church. Here, the annulment process is vastly different. 

  • You are divorced. The church grants annulments to some divorced people. However, it will not annul a marriage that is still legally valid.
  • You invite your ex-spouse to consent. While consent is not necessary, the church will ask you to notify the person of your intent. Remember that in the Catholic Church, marriage is a sacrament. Therefore, the church has the obligation to protect it.
  • You provide documentation. In addition to a certified copy of a divorce decree, you will likely have to provide the church with copies of you and your ex-spouse's baptismal certificates.
  • You have witnesses. Church officials will ask you to provide the names of witnesses who will attest to your reasons for filing the petition for annulment.

It can take between one and two years for the church to approve or deny your religious annulment of marriage. If the church does not grant the annulment, you might civilly remarry, but not in the church. Your priest may ask you to abstain from communion.

Avoid the Problems of a Denied Petition with DoNotPay

Instead of worrying what if an annulment is not granted, better your odds of knowing ahead of time if you qualify. DoNotPay has made this aspect of nullifying a marriage quick and easy. There are only three steps.

  1. Find the Annulment option on the DoNotPay website.

     

  2. Determine if your marriage is eligible for an annulment in general.

     

  3. Input answers to specific questions about your marriage annulment and see if your state law would grant the petition.

     

Figuring out the right steps to take for ending a marriage has never been easier.

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