Marriages that are void or have become invalid often leave couples facing a difficult decision: should they pursue a divorce or an annulment? It’s crucial to understand the laws surrounding annulment in the state of Alabama and when it may be needed. In this article, we will shed light on what annulment in Alabama entails, when it is necessary, and walk you through the process of filing for an annulment.
Annulment Versus Divorce: What is the Difference?
Although both annulment and divorce seek to dissolve a marriage, they are distinct legal processes. While divorce terminates a legally valid marriage, an annulment declares that the marriage was invalid from the very beginning. Various circumstances can render a marriage void, including:
Spouses being closely related by blood.
One spouse being already married to someone else at the time of the current marriage.
One spouse being below the legal age for marriage, and the marriage not being legally authorized.
Grounds for Annulment in Alabama
The state of Alabama sets out specific grounds for granting an annulment. These grounds include:
One spouse being under the influence of drugs or alcohol during the marriage ceremony.
One spouse lacking the mental capacity to comprehend the nature and consequences of the marriage.
One or both spouses consenting to the marriage under duress, fraud, misrepresentation, or coercion.
One spouse concealing a material fact that, if known, would have prevented the other spouse from consenting to the marriage.
One spouse being impotent at the time of the marriage, with the condition unbeknownst to the other.
The marriage being entered into as a joke, or as part of a dare or bet.
Spouses being closely related by blood.
One spouse being unable to engage in sexual intercourse, without the knowledge of the other.
The marriage being entered into solely for the purpose of obtaining citizenship, without a genuine intent to establish a marital relationship.
Procedures for Filing for Annulment in Alabama
To initiate an annulment in Alabama, you must file a petition in the circuit court of the county where either you or your spouse resides. Additionally, you will need to complete an affidavit outlining the grounds on which you are seeking an annulment.
Supporting your allegations may require providing evidence alongside your petition. For example, if you allege that your spouse was under the influence of drugs or alcohol during the ceremony, you will need to present evidence to substantiate your claim. If you argue that your spouse lacks the mental capacity to understand the marriage, you may need to provide medical records or evaluations to support your case.
Following the submission of your petition, the court will conduct a hearing to evaluate the validity of your grounds for annulment. During the hearing, any evidence presented by your spouse to challenge your allegations will be considered. If the court grants your petition, your marriage will be legally declared null and void.
Conclusion
Annulment is a complex and emotionally challenging legal process. If you are contemplating an annulment, it is crucial to familiarize yourself with the grounds for annulment in Alabama and the associated procedures. Seeking guidance from an experienced family law attorney can prove invaluable in navigating the process, protecting your rights, and safeguarding your interests.