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Annulments – Avoiding Divorce Void and Voidable Marriages

A. Void Marriages

  1. An ancestor or decedent, by blood or adoption;
  2. A brother or sister;
  3. A parent’s brother or sister; and
  4. A son or a daughter of a brother or sister.

Certain marriages between parties are “void” and not enforceable. The following marriages between close relatives are void:
(A marriage is also void if either party was previously married and the marriage is not dissolved.)

B. Voidable Marriages

  1. Underage – One of the spouses is under fourteen (14) years old unless a court order has been obtained consenting to the marriage;
  2. Underage – One of the spouses is between the age of fourteen (14) to eighteen (18) without parental consent;
  3. Under Influence of Alcohol or Narcotics – One of the spouses at the time of the marriage was under the influence of alcoholic beverages or narcotics and, as a result, did not have the capacity to consent to the marriage and has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended; 4. Impotency –
  4. One of the spouses was permanently impotent at the time of the marriage and the other party did not know of the impotence at the time of the marriage and has not voluntarily cohabited with the other spouse since learning of the impotence;
  5. Fraud, Duress, or Force – One of the spouses used fraud, duress, or force to induce the other spouse to enter into the marriage and they have not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force;
  6. Mental Incompetency – One of the spouses did not, at the time of the marriage, have the mental competency to consent to marriage or understand the nature of the marriage ceremony and since the marriage ceremony, the spouse has not voluntarily cohabited with the other spouse when that spouse possessed the mental competency to recognize the marriage relationship.
  7. Concealed Divorce – One of the spouses was divorced from a third party within the thirty (30) day period proceeding the day of the marriage ceremony and at the time of the marriage ceremony, the other spouse did not know of the divorce and since discovering it, the other spouse has not voluntarily cohabited with that spouse; or
  8. Marriage License 72 Hours After Issuance of License – The spouses marry within 72 hours following the issuance of the marriage license and thirty (30) has not passed after the date of marriage.

Other marriages are “Voidable” by the filing of a lawsuit to void or “Annul”. A marriage can be “Annulled” if it is voidable for one of the following reasons:

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