An invalid marriage is one that should not have existed in the first place. When a marriage is invalid, it can be annulled by the court, meaning that it is treated as if it did not take place. This is a different process from a divorce, which dissolves a legally recognized marriage. If you believe that you qualify for an annulment, it is important to work with a family attorney in St. Louis.
An attorney can help you understand the advantages and disadvantages of securing an annulment if you qualify. Even if you meet the grounds for an annulment, this is not always the ideal way to handle a separation from your spouse. You may get more legal protection through the longer process of a divorce.
The Grounds to Annul a Marriage in Missouri
A marriage must meet specific grounds to be invalidated or considered void. The grounds for annulment include:
- Lack of Capacity: Marriage is a civil contract requiring the consent of both parties. If one party did not have the ability to consent to the marriage contract when it was made, then it is not valid. Having a lack of capacity may include legal insanity or mental incompetence. If one spouse was incapacitated or under the influence when they signed the marriage certificate, the marriage is also invalid.
- Duress: The consent of both parties is not possible if one party’s consent is made under duress, such as by force or the threat of force. This or other forms of duress can result in an invalidated contact.
- Fraud: A marriage could be invalid if an individual lied to their spouse about significant and relevant information prior to their marriage. Not all cases of fraud or misrepresentation will result in the grounds for an annulment. If a spouse learns of fraud but continues to be married, then the marriage can become valid.
- Void: Certain types of marriages are prohibited under state law and automatically void.
Void marriages under state law include:
- Common Law Marriage: Some states recognize a legal marriage between individuals if they live together for a long period of time and act as a married couple. Missouri does not recognize these marriages, and it only recognizes common law marriages that are created in a state where they are valid. Common law marriages from Missouri are not upheld by the court.
- Underage: No one under the age of 16 can be legally married in Missouri, and no one under the age of 18 can marry any person 21 or older. If an individual under the age of 18 has the consent of a parent or guardian, the marriage may be allowed. Without parental consent, this marriage is invalid.
- Bigamy: Bigamy occurs when one spouse enters a marriage contract despite having a prior, legally valid marriage contract. If the first marriage contract was not ended due to divorce or death, then any following marriages are considered void.
- Incest: Any marriage between close family members is void.
A spouse or a third party, such as an underage spouse’s guardian, can file for an annulment.
How Does an Annulment Affect a Separation?
Some couples are interested in an annulment because it is seen as a faster alternative to divorce. However, not many couples meet the grounds to get an annulment. Even when a couple does, it may not be the right option. While it may be a quicker process, an annulment is not always financially or personally beneficial for the parties. The Missouri court has jurisdiction over certain parts of a divorce, which it does not have in an annulment.
If you get a divorce, you and your spouse must divide marital property. If you cannot come to an agreement together, the court will divide assets based on equitable distribution. However, if you get an annulment, the court has no say over how you divide your property. If the split is unfair, the court cannot dispute it. The court also has no ability to award spousal support. For these reasons, it can sometimes be beneficial to get a divorce instead of an annulment, even if the process is more complicated.
FAQs
Q: What Is the Act of Declaring a Marriage Invalid?
A: The act of declaring a marriage invalid is annulment. This is the legal process of voiding a marriage as if it never existed in the first palace. This is different from divorce, which is the process of ending an existing marriage that is recognized and valid. When a couple gets an annulment, the court does not have any jurisdiction over the separation, like it would a married couple, although decisions regarding children can still be made by the court.
Q: How Long After a Marriage Can It Be Annulled in Missouri?
A: The length of a marriage does not affect an annulment in Missouri, as there must still be valid grounds to invalidate the marriage. Even when a marriage has just occurred, parties must still meet the legal requirements for a void marriage to obtain an annulment. For some grounds of annulment, parties can file at any time to void the marriage. For other grounds, spouses must file for an annulment once they have learned of the reason for the annulment.
Q: How Do You Prove That a Marriage Is Invalid?
A: To prove that a marriage is invalid, you must show proof of one of the grounds of annulment. The type of proof that you need will depend on the grounds you are filing under. For example:
- An annulment based on one spouse’s prior valid marriage could be proven with their previous marriage certificate.
- A marriage where one spouse is under 18 and the other is over 21 can be proven invalid with the birth certificates of each party.
- An annulment based on one party not having the mental capacity to agree to a marriage may rely on a medical diagnosis or testimony from witnesses.
Q: How Can a Marriage Be Declared Void?
A: A marriage can be declared void in Missouri when it was never valid to begin with. This means that it meets one of the following criteria:
- Common Law Marriage: Missouri does not recognize common law marriages, which occur when individuals live together and act as a married couple for a significant period of time.
- Bigamous: When one spouse has a prior valid marriage, any following marriages are automatically void.
- Incestuous: Marriages between family members who are closely related by whole- or half-blood are invalid and void.
Securing the Support of a St. Louis Divorce Attorney
If you need help deciding the right way to end your marriage, contact an attorney at Stange Law Firm.
