Annulments in Connecticut: Difference Between Annulment and Divorce

Westport lawyers advise on vacating an invalid marriage

If your marriage is legally invalid for some reason, you don’t necessarily need to divorce, because you might instead be entitled to annul your marriage. Needle | Cuda in Westport can answer all your questions about annulments in Connecticut, determine if you qualify for one and, if so, represent you in a proceeding to invalidate the unlawful marriage.

What it means to get an annulment?

An annulment declares a marriage null and void. As a result, the law treats it as though it never existed, rather than simply ended. Although some religions may annul marriages, only civil annulments — those decided by state courts — have any legal effect. We can explain annulments and their effects to you in more detail.

Grounds for annulment in Connecticut

Connecticut law recognizes several grounds for the annulment of a marriage, such as:

• Blood relation — It is not legal for two closely related individuals, such as parent and child, grandparent and grandchild, stepparent and stepchild, siblings, aunt or uncle and niece or nephew, to marry each other.
• Bigamy — If someone already wed to one person marries another, the second marriage is legally deficient.
• Age — A marriage is invalid if a spouse was below the age of consent to marry.
• Mental incompetence — At the time a couple weds, both parties must have sufficient mental capacity to consent to the union.
• Health issue — Spouses who fail to notify their partner of a relevant health problem, such as impotence, prior to their wedding could have their marriage annulled.
• Fraud or duress — If you were tricked or improperly coerced into marriage, you might be entitled to an annulment.
• Legal defects in the marriage process — If the marriage ceremony was performed by someone not authorized to do so or the couple did not have a valid marriage license, it might also be void.

We can determine if the facts in your case support a petition for annulment and prepare the necessary documents if they do.

What is the difference between an annulment and a divorce in Connecticut?

Unlike a divorce, which terminates a marriage, an annulment puts the parties in the legal position as if they were never married. However, Connecticut will still consider your children to be products of the marriage, so the father will not need to re-establish legal paternity. Moreover, the court will make decisions concerning child custody and support using the same “best interests” standard as in cases involving divorcing parents. The process of annulment begins when the plaintiff files a complaint for annulment, explaining why the marriage is void or voidable. Someone must show by clear and convincing evidence that grounds for annulment exist, a higher standard than what is required to dissolve a valid marriage through divorce.

How long after marriage can you get an annulment in Connecticut?

Many people presume that an annulment is an option for people who wish to end their marriage shortly after the wedding. This is not true. Spouses who break up on their honeymoon but were legally married must obtain a divorce in Connecticut to end their marriage. Conversely, an annulment can be granted after decades of married life together if it is discovered that the union was unlawful from the start for some reason.

Property division in a Connecticut annulment

Even though an annulment voids the existence of a legal marriage, assets accumulated by the parties during the period they were together are subject to distribution as they go their separate ways. If no settlement is reached, the court must equitably divide the property and debts of the couple, as in a divorce.

Contact an experienced Connecticut attorney counsel regarding an annulment

If you considering an annulment in Fairfield County or somewhere else in Connecticut, Needle | Cuda in Westport can advise you regarding eligibility and the necessary legal procedure. To make an appointment for a consultation, please call 203-557-9500 or contact us online.