Falling in love and getting married is a dream for many people. Sometimes the decision is made in haste and you need to undo a decision you made in the heat of passion.
There are different reasons a couple looks into getting an annulment. You’ll need to seek legal counsel to determine if it is the right legal choice for dissolving a marriage. Although an annulment dissolves a marriage, it has different legal implications than a divorce.
What Is an Annulment?
An annulment is a legal proceeding that essentially treats a marriage as if it never happened. Like a divorce, this decision is made by the courts. It differs from a divorce in that a divorce will remain as a matter of record.
If you meet someone and do a records search, you will be able to see that a divorce has occurred and who the person was married to. With an annulment, there is no record showing the marriage ever existed.
Not all requests for an annulment are approved. There are many instances where the courts will require a person to file for a standard divorce.
An annulment can take place at any time. It may help your case if the request is made sooner rather than 10 years into the marriage. However, the courts do recognize there are circumstances beyond a person’s control. It could take years, even decades for secrets to be revealed.
Let’s look at the reasons a person may request an annulment.
What Are the Grounds for Getting an Annulment?
Filing for annulment in Nebraska is similar to other states. There are limited reasons why a court will hear your case. If your situation does not fit one of these scenarios, you will be required to file for a divorce as your marriage will be deemed legally binding.
You Have Married a Blood Relative
If you accidentally marry a relative, or are forcibly coerced as in an incestuous relationship, this would be a valid reason to seek an annulment.
A judge is sure to grant the annulment in both cases. Seek legal counsel to learn more about your rights and the annulment process in Nebraska.
You Were Mentally Incapable of Making a Sound Decision
Whether you or your spouse were temporarily incapacitated or have a form of mental illness, you can file for an annulment. There are also instances where a spouse failed to disclose fertility issues that qualify.
A drunken night in Vegas is a common example that would fall under this category. If you can demonstrate you were not mentally capable of making such a serious decision, the judge could annul the marriage.
Hiding information about your mental health or ability to reproduce is considered a serious area of deception. Before marrying someone you both should have an open and honest dialogue about these topics.
You or Your Spouse Were Already Legally Married to Someone Else
The act of Polygamy is a moral issue for most people. Despite which side you take, it is not legal in the United States.
If you marry someone and later learn that he or she is already legally married to someone else, the person has committed bigamy. You have valid grounds for an annulment. In all actuality, your marriage was never legal from the start.
However, you will still need to go through legalities to have the marriage removed from the record.
Being married to more than one person at the same time is also a criminal act of fraud if you obtained and filed a marriage license. In addition to an annulment, you could also have the person legally charged.
You Were Married Under Duress
Being forced into a marriage is another reason or filing for an annulment. The reasons can range anywhere from keeping you from testifying against someone to an unplanned pregnancy.
Although less common today, there were times when teenagers were forced into marriages after conceiving a child.
Proving that someone took advantage of you and coerced you into marriage may be difficult to prove. Be prepared to have a judge dismiss your case if you do not have hard evidence that you were acting out of fear or under undue pressure.
You Married for Fraudulent Reasons
Marrying someone with the intent to commit fraud could have other legal implications. For the sake of a marriage annulment, you’ll need to prove you were unaware of the fraudulent activity.
A prime example is, someone needs to be married in order to collect money from their trust fund. Or as mentioned above, a person marries someone to keep them from testifying against him or her in a legal matter.
How Does the Process Work?
The process is similar to a divorce proceeding. The difference is, you’re asking the courts to make the marriage disappear. Because it will be deemed null and void, you will not have to deal with spousal support or division of property.
If a child is involved you can still get an annulment but issues of child support will still need to be dealt with. You will also have to factor in the division of property and other assets.
To get the specifics on how to get an annulment in Nebraska, call a family law attorney.
A Dissolution of Marriage is a Serious Decision
Getting an annulment is a serious decision. Sometimes it has serious implications that exceed a divorce.
If you are thinking about annulling a marriage in Nebraska, seek a law firm that specializes in these types of cases. Call (402) 415-2525 for your free consultation.