annulment

[Temcdon]

In Pennsylvania, how long does someone have to annul a marriage?

 

[Michael Wechsler]

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:

§3303. Annulment of void and voidable marriages.

(a) General rule.--In all cases where a supposed or alleged marriage has been contracted which is void or voidable under this title or under applicable law, either party to the supposed or alleged marriage may bring an action in annulment to have it declared void in accordance with the procedures provided by this part and prescribed by general rules.

(b) Common-law marriage.--In the case of a purported common-law marriage where a party was under 18 years of age, a parent or guardian of the minor may bring a declaratory judgment proceeding during the party's minority to have the marriage declared void.

§3304. Grounds for annulment of void marriages.

(a) General rule.--Where there has been no confirmation by cohabitation following the removal of an impediment, the supposed or alleged marriage of a person shall be deemed void in the following cases:

1.Where either party at the time of such marriage had an existing spouse and the former marriage had not been annulled nor had there been a divorce except where that party had obtained a decree of presumed death of the former spouse. 2.Where the parties to such marriage are related within the degrees of consanguinity prohibited by section 1304(e) (relating to restrictions on issuance of license). 3.Where either party to such marriage was incapable of consenting by reason of insanity or serious mental disorder or otherwise lacked capacity to consent or did not intend to consent to the marriage. 4.Where either party to a purported common-law marriage was under 18 years of age.


(b) Procedures.--In all cases of marriages which are void, the marriage may be annulled as set forth in section 3303 (relating to annulment of void and voidable marriages) or its invalidity may be declared in any collateral proceeding.

§3305. Grounds for annulment of voidable marriages.

(a) General rule.--The marriage of a person shall be deemed voidable and subject to annulment in the following cases:

1.Where either party to the marriage was under 16 years of age unless the marriage was expressly authorized by the court. 2.Where either party was 16 or 17 years of age and lacked the consent of parent or guardian or express authorization of the court and has not subsequently ratified the marriage upon reaching 18 years of age and an action for annulment is commenced within 60 days after the marriage ceremony. 3.Where either party to the marriage was under the influence of alcohol or drugs and an action for annulment is commenced within 60 days after the marriage ceremony. 4.Where either party to the marriage was at the time of the marriage and still is naturally and incurably impotent unless the condition was known to the other party prior to the marriage. 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.

(b) Status of voidable marriage.--In all cases of marriages which are voidable, either party to the marriage may seek and obtain an annulment of the marriage but, until a decree of annulment is obtained from a court of competent jurisdiction, the marriage shall be valid. The validity of a voidable marriage shall not be subject to attack or question by any person if it is subsequently confirmed by the parties to the marriage or if either party has died.

 

[Temcdon]

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.

 

[Michael Wechsler]

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.