Rules for Annulment in Pennsylvania

By Jonathan Lister
Pennsylvania rarely grants annulments when the marriage has already garnered significant assets.

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When a marriage is annulled, a record that it ever took place is removed from all government registries and each person is considered to have never been married. In Pennsylvania, an annulment is filed for in the same way as a divorce proceeding. The requirements for an annulment are specific in the state, and the person filing must meet one of them in order to qualify to have the marriage expunged.

Previously Married

According to the website for the Pennsylvania Legal Code, an annulment may be granted if one or both of the spouses was already married at the time of the issuance of the new marriage license. It's important to have all previously filed divorce proceedings finalized if you're planning to remarry, as this could cause other problems regarding your tax filing status at the end of the year.

Incapacitated at Time of Marriage

If you were under the influence of alcohol or other intoxicating drugs at the time of your marriage, Pennsylvania gives you 60 days to file for annulment. You are also granted this 60-window for annulment if you or your spouse was under age 16 at the time of the marriage and did not have written parental approval. After this time elapses, only a divorce action may sever your marriage bonds.

Incest and Insanity

Those who have been deemed to be of diminished mental capacity or legally insane may have marriages annulled on the grounds that they could not understand the responsibilities and commitment involved in a marriage, nor could they be expected to fulfill any obligations of a marriage. An annulment of marriage may also be granted if the spouses are too close in blood line so as to be incestuous.

Duress

Those married quickly because of pressure placed on them by family or figures within a spouse's religious belief system may have the marriage annulled under Pennsylvania's "duress" clause. Annulment is granted in this manner because the spouse was not able to give consent, and without the pressure from outside sources, the marriage would never have happened. These marriages can happen in cases where a child is conceived out of wedlock or a marriage has been arraigned from a young age.

About the Author

Jonathan Lister has been a writer and content marketer since 2003. His latest book publication, "Bullet, a Demos City Novel" is forthcoming from J Taylor Publishing in June 2014. He holds a Bachelor of Arts in English from Shippensburg University and a Master of Fine Arts in writing and poetics from Naropa University.

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