The facts on annulment in West Virginia | Herrenkohl Law Office
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To get an annulment, you'll have to prove your marriage is "voidable," meaning it was valid, but should be nullified voided or canceled based on one of the following grounds:. If you knew about your spouse's impotence before you married, you can't use that as the basis for an annulment. You can also get an annulment based on a void marriage.
Unlike a voidable marriage, a void marriage is automatically invalid, because it wasn't legal in the first place. Any of the following situations make it illegal to marry:.
These types of marriages are considered void or illegal from the start. Your state may offer annulment, divorce, or both to end a void marriage. You should weigh the advantages and disadvantages of annulment before you decide how to end your marriage.
West Virginia Divorce Guide
The main benefit of annulment is that the law treats the marriage as if it never existed--it's over, and there are no further issues to deal with. Courts don't usually divide property during an annulment proceeding, but in some states like New Jersey , courts can award alimony spousal support.
In a divorce, you'll have more issues to deal with, like property division , child custody and support , and possibly attorney's fees.
- Fault Grounds.
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But if children are involved in an annulment, judges will have to consider custody and support arrangements. An annulment won't affect the legitimacy of any children born during the marriage.
West Virginia Annulment Forms FAQ
In an action for annulment, the court may order all or any portion of the final relief provided for in sections through and all or any portion of the temporary relief provided for in part 5, article 5 of this chapter. Upon the petition of either party, the court may revise or alter an order entered in an action for annulment or make further orders, concerning the following matters:.
Enter Search Terms. Right to sue to annul or affirm marriage. Venue of actions for annulment or affirmation. Voidable marriages.
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