When the perfect marriage suddenly becomes problematic, the first thing that would probably cross your mind is to undergo marriage counseling. A couple will usually do their best to try to save their marriage before deciding to end things. However, if all the efforts of settling the differences between the couple and preserving the marital ties have gone to waste, the next possible step to take is to consult with family lawyers in Milwaukee and get a divorce or see if you can file for an annulment.
There are many people who confuse divorce and annulment. For some, they believe that the two terms are synonymous but the fact is they are two legal actions with different effects. In this article, we will discuss in detail what annulment is, the grounds before it can be granted, and its legal effect.
An annulment is one of the ways of severing the marital ties of the husband and wife. Once it is granted, it is as if the marriage never existed. Hence, its legal effect is that the marriage is declared null and void. In order for this to take effect, the judge must issue a court order after hearing the parties in the case and a careful examination of the evidence presented.
What are the grounds?
It must be noted that a party can only file an annulment in certain cases. A party who files for a petition for annulment must state in his or her pleadings the following grounds:
- The marriage was contracted between family members.
- At the time of the marriage, one of the spouses is a minor.
- One of the parties is impotent at the time of the celebration of marriage. A doctor must medically diagnose the impotency.
- One of the spouses lacks the mental capacity to understand the essential marital duties and responsibilities.
- The marriage was entered by one of the parties due to false representation and belief.
What is the process of getting an annulment?
The first step that you should do is to hire the services of an annulment lawyer. He can assist you in all the legal steps that must be taken in order to get the final order annulling the marriage. The petition for annulment must be filed with the proper civil court that has jurisdiction over the subject matter. As already mentioned above, the proper grounds must be properly alleged in the complaint or affidavit to be filed. If you are the party praying for the annulment of the marriage, you have the burden of proof to show that the grounds really exist.