If you and your spouse agree to the annulment, rather than filing a petition for annulment, you may be able to file an “Agreed Annulment.” You need to state that both spouses have been residents of Indiana for at least six months and residents of the county where you’re filing for at least three months.
How long can you wait to get a marriage annulled?
Is There a Time Frame for Obtaining an Annulment? Generally, there is no period of time (e.g., three years, ten years) after the marriage by which an annulment must be sought. Practical considerations, however, might make obtaining an annulment earlier, rather than later, a prudent idea.
Can you annul a marriage in Indiana?
In Indiana, this is considered a void marriage. The grounds for annulment in Indiana include one or both parties being minors at the time of the nuptials or a mental inability to consent to marriage in the first place. Marriages obtained by fraud or involving individuals deemed not of sound mind can also be annulled.
Can you annul a marriage after 3 years?
While a divorce terminates a legal marriage, an annulment means that the marriage never legally existed in the first place. … Since these marriages were never valid at all, you can usually annul such marriages at any point in time as long as both you and your spouse are living.
Can a marriage be legally annulled?
An annulment of marriage is a legal decree that a marriage is null and void. Annulments are granted when a court makes a finding a marriage is invalid. While a divorce ends a legally valid marriage, an annulment treats the marriage as if it never existed.
What makes a marriage null and void?
Two of the most common underlying reasons for considering a marriage void are the illegal acts of “bigamy” and “incest”. A bigamous marriage exists when one of the spouses was legally married to someone else when the marriage took place. An incestuous marriage occurs when the spouses are close family members.
Do both parties have to agree to an annulment?
Both parties must sign the Decree of Annulment, and may be able to submit the Decree to the judge for approval without a hearing. Start at Step 2 below to get the annulment finalized this way.
What qualifies you for an annulment in Indiana?
Grounds For an Annulment
- one spouse was underage at the time of marriage.
- one spouse was convinced to marry by fraud.
- one spouse was coerced to get married (married “under duress”)
- one spouse didn’t know the other spouse was already married at the time of marriage (bigamous marriage)
What are five grounds for a marriage annulment?
Under the laws of most nations, children born during a void marriage are considered legitimate. Depending upon the jurisdiction, reasons for why a marriage may be legally void may include consanguinity (incestual marriage), bigamy, group marriage, or child marriage.
What qualifies as an annulment?
To get an annulment, you’ll have to prove your marriage is “voidable,” meaning it was valid, but should be nullified (voided or canceled) based on one of the following grounds: unsound mind–one spouse lacked the ability to give consent due to a mental impairment or the influence of drugs or alcohol.
Can you annul a marriage for cheating?
No, cheating is not grounds for annulment. Annulments are available only for specific statutory grounds which include such things as incest, bigamy, and mental incapacity.
Which is cheaper divorce or annulment?
Typically no. Unless there is a personal reason (i.e. for religious purposes), the parties may as well pursue a divorce rather than an annulment.
Why would an annulment be denied?
Reasons for Annulment Denial
In some cases, grounds may include aspects like bigamy, the fact that your partner was already married, coercion, forced marriage, and fraud if you were tricked into marriage. … Your spouse may argue against your case and you may have no other choice but to receive a no-fault divorce.
Which is better annulment or divorce?
While a divorce legally ends a marriage, an annulment declares the marriage null and void, as if it never existed. The end result is the same for both options – the parties are each free to marry again.
Can I get an annulment instead of a divorce?
An annulment is a court order that says that your marriage did not exist or was not valid – this is different from a divorce, which ends a valid marriage that previously existed. … Annulments are only possible to obtain in rare situations such as: your spouse was already married to another person when they married you.