Annulments – Easier Said Than Done

Divorce, Relationships

AnnulmentCelebrities are notorious for their outrageous divorce rates — but why so many annulments?  Kim Kardashian and Kris Humphries have been battling over whether to end their marriage in a divorce settlement or an annulment.  Often an annulment is considered advantageous for people who don’t want to be considered legally divorced. Here we’ve outlined the advantages — and prerequisites — involved in getting an annulment rather than a divorce.

What is an Annulment?

An annulment legally erases a marriage.  While guidelines for marriage annulments vary by state, the definition is generally the same: an annulment voids a marriage based on grounds of fraud.  Therefore, rather than being considered the termination of a marriage (as in divorce), an annulment brings involved parties back to their ever-single, never-married legal status.

Grounds For Claiming Marriage Fraud

Nullifying a marriage can be done if a marriage was entered into under legally fraudulent circumstances.  Such conditions could include: parties being minors not having parental consent to wed; bigamy; being mentally unsound or under the influence of drugs or alcohol at the time of the wedding; a person entering into a marriage without disclosing known sexual or procreative limitations.  Marrying to obtain a green card is also considered fraudulent and therefore grounds for voiding a marriage.  One partner having not disclosed a prior felony conviction or having been a prostitute may also be grounds for an annulment.

Misconceptions About Annulments

Many think annulments are easily granted for new marriages.  Annulments do usually happen soon after a marriage begins (like with Britney Spears‘ drunken Vegas marriage that lasted 55 hours). However, deciding to end your marriage within the first year or so doesn’t necessarily increase your chances of having an annulment granted.  Some annulments could be granted long into a marriage, such as in cases where it is discovered that a marriage partner’s previous marriage was never legally ended.

Annulments are not necessarily easier than divorces.  Courts can still divide up assets and child custody.  Some divorce lawyers may not be equipped to handle an annulment, so make sure you pick an attorney who has dealt with annulments before.

How to Get an Annulment

To get an annulment, you must prove that your marriage is voidable — meaning that it has been a legal hoax from the beginning.  If you can prove that you were forced into a marriage or misled about your partner’s mental, sexual, or martial status — or that the marriage took place for the purpose of obtaining a green card — you may be in luck.  Your marriage can also be voided if it comes to light that you and your partner are blood relatives, which is easy to prove. Finding a good attorney is crucial for navigating the laws involved in getting an annulment.

Famous Annulments

The rich and famous are no strangers to annulling their marriages.

Janet Jackson & James Debarge eloped when Janet was only 18.  Her family and management convinced her to ditch the marriage for fear that it would end her budding career.

Renee Zellweger & Kenny Chesney had a gorgeous beachside wedding, but tragically annulled their union four months later.  They pair released a statement citing “miscommunication of the objective of [their] marriage” as the cause.  Although Zellweger cited “fraud,” she claimed this was “simply legal language and not a reflection of Kenny’s character.”

Carmen Electra & Dennis Rodman married in 1998, but Rodman filed for annulment just 9 days later, citing “fraud and an “unsound mind.”  Rodman’s publicist also speculated that the basketball star was likely “deeply intoxicated” as the time of the Vegas ceremony.

Ali Landry & Mario Lopez dated for six years prior to tying the knot in 2004.  Nevertheless, “fraud” and “irreconcilable differences” were cited as the cause for annulment just weeks later after Lopez admitted to cheating during the engagement.

A drunken night in Vegas can easily lead to some bad decisions, and fortunately an annulment can end a marriage in a way that doesn’t offend one’s religious upbringing.  But don’t think getting an annulment is easy; in fact, if both parties can agree on divorce terms, separation could be granted just as quickly.