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Should you file for an annulment?

Annulments do not happen every day in Indiana, as it has the effect of voiding a marriage. There are only two very specific circumstances under which a court can grant an annulment: 1) One party to the marriage was incapable because of age or mental incompetency to enter into a marriage contract, or 2) One of the parties to the marriage induced the other into the marriage by fraud. Proving mental incapacity or fraud is not easy and definitely not your typical situation... but it does happen! If you believe a loved one was not capable of consenting to a marriage but was taken advantage of-- annulment may be an option to completely void and erase the marriage.

The benefit of an annulment? The order renders the marriage non-existent or void... as if it never occurred. And if the marriage never occurred, there's no separation of property, etc. An annulment may be less desirable if children were born of the marriage. However, a court will treat the children as if born to a legitimate marriage and resolve all children-related issues through the normal process. Of course, none of the above legal process impacts a person's decision to pursue an annulment for religious reasons through his or her church.

At the center

Beckman Lawson, LLP
201 West Wayne Street
Fort Wayne, IN 46802

Phone: 260-422-0800
Fax: 260-420-1013