Annulment

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Annulment

To annul your marriage means to get a judgment stating that your marriage never legally happened. Many people believe that a marriage can be annulled simply because it didn’t work out or because it was a marriage of short duration. This is not true. To annul your marriage, you must show that there was some sort of fraud or substantial misrepresentation upon which you relied in consenting to the marriage in the first place. For example, if you made it clear to your spouse before marriage that you want to have children and your spouse agreed that you would start a family but he failed to tell you he had had a vasectomy or she failed to tell you she had had a hysterectomy, then this would be fraud in the inducement of this marital contract. As such, the court would set aside the marital contract as if it never happened.

Depending on the basis for the annulment and the facts specific to your case, the court may or may not award spousal support and the court may or may not divide assets and debts. As with a legal separation action, there are no residency requirements and no six (6) month cooling off period.

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