20 July 2011

T-Minus 6



Annulment - An annulment is a ground for terminating a marriage when the grounds giving rise to it occur prior to the marriage actually taking place. As a result, a marriage may be void or voidable. A void marriage cannot be waived by the parties, and furthermore, may be attacked collaterally by third parties. Void marriages may be annulled in court at the option of one of the parties - but this is not necessary. The two void grounds are bigamy and cosanguinity (incest). Voidable grounds may be waived by the parties, and may not be challenged collaterally. Voidable grounds are one party being too young, mental incapacity, duress, permanent physical impotence, and fraud. The fraudulent statement must be one that goes to a central aspect of the marital relationship - mere lies about economic or social status are insufficient. In most states, the remedies for an annulment are the same for divorce, however, in others, alimony is not available.

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