When a marriage does not flourish, a couple can dissolve it through the legal process of divorce. In the rare case when a marriage was invalid from the beginning, annulment could be an alternative.
Contact an experienced divorce attorney to ensure you qualify for the process and understand its implications. A Knoxville annulment lawyer at Cole, Guindi & Pienkowski can help you explore this option during an initial consultation.
How Does Annulment Differ From Divorce?
Divorce terminates a valid marriage, whereas an annulment is a legal proceeding to declare that a couple never had a valid marriage. An annulment voids a marriage as if it never occurred.
To go through the annulment process, a specific circumstance must render the marriage invalid. Tennessee courts generally recognize the following grounds for an annulment:
- One spouse was underage at the time of marriage and did not have parental permission
- Bigamy
- Incest
- Fraud or duress
- Mental incapacity at the time of the marriage due to mental disease or defect
- One spouse is unable to consummate the marriage, and the other spouse was unaware of the issue when the marriage took place
- Mental incapacity due to drug or alcohol intoxication
The spouse requesting the annulment must prove the grounds they cite with evidence. Our Knoxville attorneys can review the circumstances to identify evidence of the marriage’s validity and assess whether it supports a request to void the marriage. If not, divorce may be the only option to terminate the marriage.
Timeframes for Annulment Depend on the Grounds
Timing can be critical in an annulment proceeding. When you discover you have grounds for an annulment, you must act quickly before the window to seek an annulment closes.
You must file for an annulment within 90 days of learning of the grounds of duress, fraud, or lack of physical or mental capacity. If the grounds are bigamy or incest, you must file for an annulment within one year of learning of the invalidating circumstance.
Speak to our attorneys about pursuing an annulment in Knoxville as soon as you learn that your marriage may be void or voidable. If you do not file for an annulment within the legal deadline, you lose the option and must seek a divorce.
Custody and Property Division Issues
An annulment effectively decrees that a valid marriage never existed. This distinction can affect how courts handle property division, but the principles guiding child custody and support do not change.
When a couple divorces, judges try to divide marital property equitably. When a marriage is annulled, the courts try to divide property so that each spouse’s financial situation reflects what it would have been if the marriage had never occurred. This shift in focus can have a practical effect on the results, so it is wise to strategize with our attorneys with experience in Knoxville annulments.
An annulment does not impact the legitimacy of children, and both spouses are considered the legal parents of a child born of the relationship. Courts decide issues related to child custody and shared parenting time according to the best interests of the children. Judges use the state’s child support guidelines to determine the amount the non-custodial parent pays toward their children’s upbringing.
Contact a Knoxville Attorney To Learn More About Annulment
Few people qualify for an annulment, but it can be an attractive option if you have legal grounds. Reach out to a Knoxville annulment lawyer at Cole, Guindi & Pienkowski to learn more today.