Table of Contents:
- How to Get an Annulment in Alabama
- How to Get an Annulment in Nebraska
- How to Get an Annulment in Virginia
- How to Get an Annulment in Arizona
- How to Get an Annulment in Kentucky
Decide on the reason you're seeking an annulment. There are several reasons that give legal precedence for an annulment in Alabama. You can get an annulment if the marriage was between close relatives, such as nephew or niece, aunt or uncle, sibling or parent, if one of the parties is already married, if one of the parties was under the influence of alcohol or drugs during the marriage ceremony, if the marriage cannot be consummated due to impotence, or if one of the parties had been threatened or blackmailed and forced into the marriage. You can also seek an annulment if one or both of the parties was under the age of 14 at the time the marriage took place. Under Alabama law, you must be over the age of 14 to get married.
Contact a lawyer or a clerk of the court to help you start the annulment process and gather the necessary paperwork. The paperwork can be acquired by your lawyer through the Alabama Court of Civil Appeals, or can be found online at the Resource below for a fee. Both parties will need to fill out and sign the paperwork before it can be submitted.
Have documented proof for the reason you're requesting an annulment. These documents might include proof that the two parties are related, underage or already married. Other reasons, such as one party being under the influence of alcohol or forced into the marriage, will be more difficult to prove. Having signed statements by witnesses may be helpful. A lawyer who handles annulments in the state of Alabama will be able to help you document the necessary proof.
Submit the paperwork and documented proof to the county clerk's office in the Alabama county you live in or the county you were married in. Your lawyer or a clerk of the court can help you decide which county to submit the paperwork to. Once all the documents are submitted, the county court will decide if an annulment can be granted.
Determine the grounds for annulments that apply in your case. In Nebraska an annulment will be granted if any of the following are proved: the marriage between the parties is prohibited by law; either party was impotent at the time of marriage; either party had a spouse who was alive at the time of marriage; either party was mentally ill at the time of marriage; or the marriage was procured by fraud. Marriages involving incest and bigamy are also void.
Draft the summons and the petition. The summons gives notice of the case, and the petition sets out the facts supporting the grounds for the annulment. Complete a vital-statistics certificate. The certificate must be filed with the complaint. The court will issue the final decree only after you submit all of the requested information.
File the summons, complaint and required papers with the county clerk at the district court nearest your home. The required papers include confidential party information and Social Security information forms. Pay the filing fees.
Serve the papers on your spouse. Your spouse in entitled to notice that there is a case pending. If your case is uncontested, your spouse can sign an affidavit before a notary, stating that he received the papers and does not wish to contest the case. This is called a voluntary appearance. You can file a praecipe for summons requesting that the court issue a summons, which will be served on your spouse by the sheriff.
Request a hearing date and prepare your case. If the case is uncontested, the hearing will simply involve a recitation of the facts in the complaint. If your spouse presents a defense, the court will hold a trial to determine whether the facts alleged in the complaint constitute grounds for annulment. For a contested case, you must gather witnesses and any other evidence that is available to you.
How to Get an Annulment in Virginia
Determine whether an annulment is appropriate for your situation. In Virginia, a marriage may be dissolved by annulment in two cases--void ab initio (the marriage was never legally valid) and voidable marriages (the marriage is eligible to be declared invalid).
Void ab initio marriages in Virginia include marriage between same-sex partners, marriage while still legally married to another person, incestuous marriage or underage marriage. Incestuous unions include marriage between parent and child, grandparent and grandchild, sister and brother, aunt and nephew or uncle and niece. Legal marriage age in Virginia is 16 with parental consent required for children under 18.
Voidable marriage situations include mental or physical incompetence on the part of one or both parties, marriage under duress and marriage under fraudulent circumstances. These circumstances include an undisclosed felony conviction, undisclosed history of prostitution, pregnancy of the wife by someone other than the husband without his knowledge and marriage for the purpose of procuring a Green Card.
Collect appropriate documents, including your marriage license, both spouses’ birth certificates and any documents supporting the claim that the marriage is eligible for annulment. Fill out a a VS-4, a statistical form required in all Virginia divorce cases. This document is available at the circuit court clerk’s office. Court fees vary by locale and situation, but typically include taxes, clerk fees and other expenses that average $80 to $90 (as of March 2010).
In most cases, the marriage is not eligible for annulment after two years. A judge is unlikely to grant an annulment if the marriage produced children. In the case of fraudulent marriage, the victim must seek an annulment immediately upon discovery of the spouse’s deception.
Schedule a hearing through the circuit court clerk's office. If the annulment is contested, each party's legal representative (self or lawyer) must agree on a trial date approved by the judge's office, and some localities require additional paperwork. Once the hearing is scheduled, prepare to present evidence that the marriage is fraudulent or void. Provide at least one corroborating witness who can attest to the invalidity of the marriage.
Obtain a petition for annulment form from the office of the clerk of the superior court in the county where you or your alleged spouse reside. Superior court clerks typically maintain forms of commonly used documents, including a petition for annulment.
Determine the legal ground supporting an annulment. Your options under Arizona law include inability to consummate the marriage, fraud, bigamy and a concealed communicable disease or criminal record.
Complete the petition for annulment. The petition requires basic information about you, your alleged spouse, the marriage and the specific grounds upon which you seek an order of annulment from the court.
File the petition for annulment with the clerk of the superior court.
Request the superior court clerk to direct the sheriff to serve the petition for annulment on your alleged spouse. (Typically this is known as "serving divorce papers.")
Schedule a hearing on your petition for annulment. Obtain a hearing date from either the superior court clerk's office or from the administrative assistant to the judge assigned your case.
Attend the hearing and present your evidence supporting the contention that no valid marriage existed in the first instance. Evidence includes testimony of witnesses and documents. If you prevail, the judge orders a decree annulling your marriage.
Understand the difference between a legal annulment and religious annulment. Only Kentucky can provide you with an annulment to invalidate your marriage. A religious annulment is one given through your priest, rabbi or minister so you can remarry within your faith.
Decide the reason for the annulment. Kentucky requires you provide a reason such as fraud, force, kinship, age and mental capacity before the court invalidates the marriage.
Write an annulment petition. The petition includes your name, spouse's name and reason for the annulment. You can use a blank form you purchase online, in a legal book or in an office supply store.
File a Petition for Annulment with the local court in your jurisdiction.