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Annulment

A suit for an annulment can be brought about when there were certain circumstances or facts that were not disclosed to one of the parties, and had the party known, he or she would not have entered into a marital relationship.  For example, if a child under the age of 14 marries without court approval, or if a child between the ages of 14-18 marries without parental consent or court approval, a suit may be brought to annul the marriage.  If a parent were to bring such an annulment suit on behalf of his or her minor child, the suit would have to be filed within 90 days after the parent knew or should have known of the marriage and must the suit must be brought before the child's 18th birthday.  Other situations where one could file for annulment is if the petitioner was under the influence of alcohol or narcotics and did not have the mental capacity to consent to the marriage; one of the parties was impotent and did not disclose this to the other party prior to consenting to marriage; or one party used fraud, duress, or force to induce the other party to enter into the marriage.  Also, a suit to annul the marriage may be based on mental incapacity of one of the parties.  Such a suit may be brought by or on behalf of the incapacitated party.  A marriage may also be annulled if one the parties concealed a divorce proceeding which took place within 30 days preceding the marriage, and the petitioner had no idea.  Additionally, a marriage may be annulled if the parties were married within the 72-hour cooling off period following the issuance of a marriage license.  No matter what the grounds are for an annulment action, there is one common requirement which is that there must have been no cohabitation after the situation was discovered by the other party to the marriage.

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