When a marriage does not go as planned, most people think about divorce. However, in some situations, an annulment may be an option.
Unlike a divorce, an annulment treats the marriage as if it never existed. But can you get an annulment in Tennessee? Here is what you need to know about the eligibility criteria, and the process can work.
What Is an Annulment?
An annulment declares that a marriage is null and void. In short, the marriage was never legally valid. Unlike divorce that ends a legally recognized marriage, an annulment wipes it from the record.
While this may seem like a divorce on the surface, it can have different implications for property division, spousal support, and social or religious recognition.
While Tennessee annulments are rare compared to divorces, they can be an appropriate solution in certain circumstances.
What Are the Grounds for Annulment in Tennessee?
Under the law, there are several reasons a marriage may be annulled. These fall into two categories: void marriages and voidable marriages.
Void Marriages
A marriage is considered void when it is illegal from the outset. Some of these examples include:
- Bigamy happens when one spouse is already married to someone else.
- Incest occurs when the spouses are closely related by blood.
- Underage marriage without proper consent means the union did not meet certain age restrictions and parental or court consent for minors.
Void marriages are automatically invalid. A court does not need to annul them for the marriage to be considered illegal. However, a legal declaration can help clarify property rights and other matters.
Voidable Marriages
Voidable marriages are legally valid when entered. But they can be annulled under certain conditions. Common grounds in Tennessee include:
- Fraud or misrepresentation: One spouse was deceived about a major fact, such as identity, ability to have children, or prior criminal history.
- Duress or coercion: One spouse was forced into marriage against their will.
- Mental incapacity: One spouse lacked the mental capacity to understand the nature of marriage at the time.
- Impotence: The inability to consummate the marriage when it was not disclosed.
Voidable marriages remain valid unless a spouse petitions for annulment.
What Are the Time Limits for Filing an Annulment?
Like most legal issues, timing does matter. Tennessee law requires that annulment petitions be filed soon after discovering the reason the marriage is voidable. If you wait too long, you may lose the ability to annul the marriage. In these cases, a divorce may be the only legal option.
The Annulment Process in Tennessee
Filing for an annulment in Tennessee is similar to filing for a divorce, though the grounds and legal arguments differ. Here is what you can expect:
- Consult a Tennessee family law attorney: A skilled attorney can help determine whether your situation qualifies for annulment and guide you through filing.
- File a petition for annulment: This legal document outlines the marriage, the grounds for annulment, and any facts.
- Notify the other spouse: Under the law, you must give formal notice, so the other spouse has an opportunity to respond.
- Court hearing: A judge reviews the evidence, hears arguments, and decides whether to grant the annulment.
- Final judgment: If granted, the court issues a judgment declaring the marriage null and void. This process may also address property division, debts, and child custody or support.
What Happens to Property, Debt, and Children?
Many people assume that annulment erases all financial obligations, but that is not always true.
Property and debt may be divided like a divorce if one spouse acquired assets during the marriage.
Children born during the marriage are still considered legitimate. With that, the court may order custody and child support arrangements.
For this reason, you will want to work with a lawyer to protect your rights and understand what will happen to property, finances, and children.
Find Out If an Annulment Is Possible for Your Situation
Yes, you can get an annulment in Tennessee, but only under very specific circumstances. If you believe this applies to your case, you will want legal help to ensure your petition is handled correctly and that your rights, property, and children are protected.
At Easter & DeVore, Attorneys at Law, we specialize in family law matters, including annulments and divorces. We can advise you on the best legal strategy and guide you through the process with professionalism. Contact us today to discuss your options.
