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annulment

Discussion in 'Divorce, Separation, Annulment' started by Temcdon, Nov 22, 2001.

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  1. Temcdon

    Temcdon Law Topic Starter New Member

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    In Pennsylvania, how long does someone have to annul a marriage?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    One determine whether there was a valid marriage in the first instance. Then you can see whether you can obtain an annulment or need a divorce. An annulment generally concerns misrepresentation or fraud -- whether the were certain circumstances present which the marriage that has been recognized by law should not have been recognized from it's inception. There might be limitations regarding certain reasons for annulment. Why are you seeking an annulment?

    Here is an excerpt from the PA Divorce Code:

     
  3. Temcdon

    Temcdon Law Topic Starter New Member

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    I am not seeking an annulment, but i have a stepdaughter who was married without anyones knowledge and this marriage of 2 months is rocky at best. I did not know the law on annulment and didn't know if a divorce should be filed or an annulment could be used. I have already said that she must first seek legal advise.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Are there aspects of the marriage that could be considered getting married under false pretenses or are we simply talking about an understandably concerned father whose daughter is in a rocky marriage and wants to tell her what options she may have? It would seem to me that Section 3305(5) your daughter might find some relief. It says:

    5.Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.

    Was there fraud or duress? What changed so much that just a few weeks after the wedding things have changed so drastically? Second thoughts? Something more than that? Regardless, it would seem that if your daughter may not want to be in a marriage the legal aspect is merely a formality and not the root of the issue. If it were me I'd be discussing with my daughter whether or not she should stay in this marriage and worry about the legal steps once you determine the answer. I do understand that it's nice to have an easier "out" but it is dispositive of the main issue. I hope that this work out for your daughter whatever she decides. :)
     

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