Posted on : December 26, 2020, By: Erlina Perez
Some couples may have the option to annul their marriage under certain circumstances rather than getting a divorce. That said, not all requests for an annulment are granted. What causes an annulment to be denied and what can you do to get legal help ending your marriage? Here’s what you need to know.
A marriage annulment is different from a divorce in that beyond ending the marriage, it nullifies it, or renders it never having been valid in the first place.
Annulment vs. Divorce Benefits
Often, couples will choose to have their marriage annulled rather than go through the process of divorce for religious or personal reasons. For example, religious individuals receive the benefit of their marriage being considered as never having taken place whereas divorce may be looked down upon or potentially not even allowed.
Additional benefits of a marital annulment include being able to equally split marital debt, being able to get married again sooner, and not having to be subject to equitable distribution since typically, judges will award property back to the party who originally owned it prior to the marriage.
Reasons Your Annulment Request Could Be Denied
In most cases, an annulment request isn’t granted simply because the petitioner fails to meet eligibility requirements. To be considered for an annulment, at least one (1) of the following conditions must be met:
- You or your spouse were already married to someone else
- You or your spouse coerced or forced the other into the marriage
- You or your spouse committed fraud when entering into the marriage
- You or your spouse have a mental illness or were mentally incapable at the time of the marriage to understand the contract you were entering into
- You or your spouse cannot engage in sexual relations
- You or your spouse were not old enough to marry
How to Appeal a Denial
If your appeal request was denied by the court, you may still have an opportunity to appeal the decision or ask for a reconsideration within a short window of time following the notification of the decision. However, this typically requires the expertise of an established divorce and family law attorney.
How an Experienced New Jersey Divorce Lawyer Can Help You
An established divorce attorney can help you navigate the process of obtaining an annulment and if denied, can help you discover other options. Call experienced New Jersey divorce attorney Erlina Perez now to learn more about the process of annulling your marriage at (201) 880-7070.
How many annulments are denied? ›
Almost half of Catholic marriages end in divorce, the same rate as for other Americans. Of those who applied in 1992 in the United States, according to Vatican statistics, 83 percent received annulments and 2 percent were denied. Fifteen percent of the cases were abandoned by the applicants.What happens if a Catholic annulment is denied? ›
If your appeal fails or is not possible, you are still bound by your marriage vows until death. The Church recognizes you and your spouse in a valid, sacramental marriage covenant. You cannot date, marry another person, or even consider new relationships. If you were to do so, you would be committing adultery.What percent of Catholic annulments are granted? ›
Last year, according to church figures, there were 77 annulments in the United States for every one in 1968. Americans now receive 70 percent of all annulments granted by the Roman Catholic Church.Which criterion is a valid reason to grant an annulment? ›
The only way to obtain a civil annulment that legally dissolves your marriage is by proving one of the following grounds: fraud or misrepresentation, lack of consummation, incest, bigamy, lack of consent, unsound mind, or force.Why is annulment rejected? ›
Reasons Your Annulment Request Could Be Denied
You or your spouse were already married to someone else. You or your spouse coerced or forced the other into the marriage. You or your spouse committed fraud when entering into the marriage.
The court may deny the petition if the evidence presented is not enough, even if the other spouse does not appear. The Solicitor General or the Public Prosecutor may even oppose the petition, on behalf of the State, if the grounds are not sufficient.Are Catholic annulments hard to get? ›
All that is required are witnesses and a written testimony as to what element was missing at the time of your marriage. In truth, a Catholic annulment is infinitely easier than a civil divorce, which usually results in less acrimony amongst the parties.How do you guarantee a Catholic annulment? ›
- A formal annulment petition through the church.
- Copies of the baptismal certificates of all Catholic parties involved.
- A copy of the civil marriage license.
- A copy of the church marriage certificate.
- A copy of the divorce decree certified or signed by the judge.
Some common grounds for annulment requests include that a petitioner never intended to be permanently married or faithful, and that mental illness or substance abuse prevented them from consenting to a lifelong marriage.Can a divorced Catholic receive Communion without an annulment? ›
May a divorced Catholic receive Holy Communion? Yes. Divorced Catholics in good standing with the Church, who have not remarried or who have remarried following an annulment, may receive the sacraments.
Can a divorced Catholic dating without an annulment? ›
Thus, according to Catholic marriage rules, a divorced person wanting to marry a Catholic in the Church will need to go through the annulment process because the Church views them as married to their past partner.Can a Catholic remarry after annulment? ›
Since divorce only impacts your legal status in civil law, it has no impact upon your status in church law. Since a divorced person is still considered married in church law, they are not free for remarriage in the Church.What are the 6 grounds for annulment? ›
Based on the Family Code, the grounds for annulment are lack of parental consent, insanity/psychological incapacity; fraud, force, intimidation, or undue influence; impotence; and sexually transmissible diseases.What is duress in annulment? ›
For duress, the duress must have been perceived by the complaining party at the time of the marriage and must have been sufficient to prevent a party from acting freely. Duress can be through threats or application of physical force, or by threat of arrest or prosecution, and invalidates consent to marriage.What are the factors which nullify the marriage? ›
A marriage can be held null and void if the respondent was impotent at the time of marriage and at the time of the institution of the suit; or the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity; or either party was a lunatic or idiot at the time of the marriage; or the ...Are annulments difficult? ›
Annulments are more difficult to obtain than divorces simply because there are limitations on the grounds for which they may be granted. You may petition for an annulment in California if you meet one of the following grounds: Blood Relation.Why is annulment worse than divorce? ›
Legal Effect of an Annulment
Annulling a marriage is different from divorce in the sense that it completely voids the marriage. It makes it as if the marriage never occurred. In divorce, the parties do not dispute that they were legally married. Spouses become single again and are free to remarry.
How common are annulments? Very uncommon; divorces are generally easier to obtain, and the basis for annulment is narrower than the basis for divorce. However, one party may prefer an annulment in order to avoid some obligations that a court might impose in a divorce.Can you refile an annulment? ›
So if a person files a petition to annul or have his marriage declared void and it is denied for some reason, it is the humble submission of this column that it may be refiled once the same person finds better grounds to support his/ her petition.Can cheating be grounds for annulment? ›
Infidelity is one of the most common reasons for filing a case, but it is not considered a ground for annulment. Infidelity can only be an acceptable basis for legal separation or filing a case for concubinage or adultery. In fact, infidelity cannot be used as a sole deciding factor in granting custody over a child.
Is annulment harder to get than divorce? ›
No, an annulment is not necessarily easier than a divorce. In most cases, unless the marriage is voidable, it is likely easier to pursue a divorce rather than an annulment.How often does the Catholic Church grant annulments? ›
On a global scale, annulment is fairly rare. According to Crux, the Church issues only about 60,000 of them each year. The majority of these take place in the United States: While only 6 percent of the world's Catholics live in America, they account for somewhere between 55 and 70 percent of cases, according to Crux.What invalidates a Catholic marriage? ›
According to Canon 1095 a marriage can be declared null only when consent was given in the presence of some grave lack of discretionary judgment regarding the essential rights and obligations of marriage, or of some real incapacity to assume these essential obligations.Is adultery grounds for annulment in Catholic Church? ›
In most cases, adultery does not serve as grounds for a Catholic annulment in a marriage. A Catholic annulment completely nullifies your marriage, almost as if it never existed. In order for this to happen, though, the grounds for annulment must be present before or during the exchange of the vows, but not after.What is a lack of form annulment? ›
A lack of form case is one in which a Catholic was married civilly or was married in a non- Catholic ceremony without dispensation from the Archbishop or Bishop of the Diocese and the Catholic party did not subsequently validated the marriage in the Church.Can you remarry after annulment? ›
It erases the effectiveness of marriage and that the union was never legally valid. It may grant both parties of marriage to enjoy the freedom they deserve. Anyone from a past marriage can remarry another person only after obtaining the Decree of Absolute Nullity or Decree of Annulment of Marriage.Can a divorced Catholic go to confession? ›
Answer: No. For starters, divorce is not always a sin. But even in instances where it is a sin, absolution for the truly repentant can be attained through confession.Can I convert to Catholic and single if divorced? ›
Individuals who have divorced but not remarried may enter the RCIA or RCRA process and celebrate initiation in the Catholic Church. They must have their previous marriage annulled before entering a second marriage.Can a divorced Catholic get remarried? ›
The Catholic Church teaches that marriages are unbreakable unions, and thus remarrying after a divorce (without an annulment) is a sin.Can you date while in process of divorce? ›
While some people come out of a divorce feeling broken and needing time to heal, others may want to date right away. This is especially common if one person mentally checked out of the marriage long before the other. While dating during a divorce is not illegal, it can certainly complicate the entire process.
What happens when a Catholic wants to marry a divorced non Catholic? ›
However, a Catholic cannot marry a divorced non-Catholic without placing themselves in a state of sin and therefore be unable to receive Communion. The divorced non-Catholic may petition a Catholic Matrimonial Tribunal for a possible annulment of his or her previous marriage.Can you get married in church if you are divorced? ›
The Church accepts that, in exceptional circumstances, a divorced person may marry again in church during the lifetime of a former spouse. If you are thinking about asking to be married in church, you should discuss this with your local parish priest. Please do this well before choosing a date for your wedding.What is the first step for annulment? ›
The annulment processtrong
The annulment process involves filing the necessary papers with the proper courts, as well as several hearings. You will need a lawyer to accurately draft the legal forms and prepare the supporting documents, file them with the right body, and represent you in court hearing.
Finding out a spouse is permanently impotent is actually a basis for an annulment. However, it generally won't apply if the other spouse knew of the condition at the time of the marriage.
Irreconcilable differences are not valid grounds for declaration of nullity or annulment of marriage. Likewise, sexual infidelity, bigamy, or abandonment, which are some of the many causes of an irremediable marriage, are not valid grounds to sever the marriage bond.What are the 3 types of duress? ›
- Physical duress. Any duress which causes a physical threat to the aggrieved party to the contract falls within the ambit of physical duress. ...
- Economic duress. Economic duress refers to the coercion caused by putting the aggrieved party under the fear of causing an economic loss. ...
- Duress of goods.
The duress defense will only work if you reasonably feared that someone would carry out a threat. You can show this by demonstrating that a reasonable person would have had the same fear under the circumstances. A judge or jury typically determines reasonableness by analyzing all of the facts of a case.What is an affirmative decision for annulment? ›
An affirmative decision or judgment means a Tribunal Judge or the Bishop has found the marital consent to be proven invalid according to Church law, with moral certainty. A negative decision means that invalidity has not been proven.How do you prove a marriage is void? ›
Grounds for determining a marriage void as against public policy include consanguinity, one of the parties is under the age of sixteen, or that at the time of the marriage either party was already lawfully married. If a marriage was not legally valid, the law says that it never existed.How much does nullity of marriage cost? ›
You do, however, need to determine if an all-inclusive package rate is reasonable, especially if it is over Php 400,000. Typically, an all-inclusive fee package for a Petition for Declaration of Nullity of Marriage will start at Php 200,000.
What renders a marriage void? ›
A void marriage is one which never came into existence either by non-compliance to formal requirements as per the Marriages Act 25 of 1961 or owing to a fatal defect. An example of a void marriage is whereby a person who is a spouse in a subsisting civil marriage, concludes a marriage with another person.Why does a Catholic annulment take so long? ›
The underlying reason for this is because the annulment process doesn't simply bring an end to a union the way a civil divorce does. Instead, a Catholic annulment is actually an investigation into the relationship — specifically, the state of the relationship at the moment marriage vows were said.Does cheating count for annulment? ›
In most cases, the answer is usually no, finding out your spouse is cheating on you is usually not grounds for an annulment. But there can be some nuance to this if certain extenuating circumstances are present.Are you still married if you're annulled? ›
Annulment is a legal procedure in which a marriage is legally invalid once a person has filed for it. It does not acknowledge that the marriage ever existed; rather, making the marriage null and avoid it as if it never happened. It erases the effectiveness of marriage and that the union was never legally valid.What are the positives of annulment? ›
One of the main benefits of an annulment is that it can protect assets and property. If a marriage is annulled, it will be considered as never having taken place. Furthermore, the aim of the courts following an annulment is to ensure that the parties are placed in a position they were in prior to the wedding.How long does an annulment take? ›
It may take between 2 years to 4 years on the average to annul a marriage in the Philippines if the other spouse does not contest the annulment and there are no issues like property, custody, or support.Which is faster annulment or divorce? ›
The short answer is: divorce is faster. While both processes exist to terminate an existing marriage, divorce ends a marriage at the date of the judgment, where annulment legally declares the marriage itself null and void.Is annulment expensive? ›
The biggest portion of the filing fee is the docket fee which in annulment cases that do not involve custody, property or support is a standard 2,832 pesos. Add on costs will see some variation depending on the venue or place of filing. Total will be between 4,400 to 4,800 pesos.