Ending a marriage is never easy, no matter what the reason or cause behind the decision.
In some situations, you may be able to end your marriage with an annulment rather than a divorce. Both result in the end of a marriage, but in the case of an annulment, it is as if the marriage didn’t happen in the first place (at least from a legal perspective).
Sorting through the options for ending a marriage can be difficult and draining. Our family lawyers in OKC know all the legal options available and will assist you through the process of exploring the avenue best suited for your goals and intentions.
At Naidu Law, Family law attorneys, we will fight for your legal rights and provide you with professional, efficient representation form attorney’s that care.
UNDERSTANDING AN ANNULMENT
Oklahoma law divides annulments into two categories: void and voidable marriages. A void marriage is prohibited by law and is illegal. A voidable marriage is a valid marriage that can be voided if certain conditions are met.
Grounds for a void marriage include incest, bigamy, and polygamy. Grounds for a voidable marriage include:
- One or both spouses are younger than age 18
- The marriage occurred within six months of one of the spouse’s divorce
- The marriage was not entered into freely
- A spouse has been mentally ill for at least five years
- A spouse is not mentally competent
- A spouse is unable to have intercourse
If one of the spouses wants their marriage annulled due to the divorce waiting period, the annulment has to be filed within the six-month period following the divorce. Fraud can also be waived if the couple chooses to remain married after the fraud has been discovered. A couple that marries under age must file for an annulment before they turn 18. After they turn 18, they will no longer be eligible for an annulment due to age.
GETTING AN ANNULMENT
In Oklahoma, an annulment requires a hearing before a judge. Our family lawyers in OKC can assist you with preparing for the hearing and represent you. During the hearing, at least one of the grounds for annulment will need to be proven to the judge. Typically, witnesses will be called and evidence will be provided to attempt to prove the annulment claim.
IMPACT ON CHILDREN
Even if an annulment is granted, any children from the marriage are considered legitimate. It does not impact paternity. Child support will still be expected from the non-custodial parent, and reasonable child visitation arrangements will need to be made.
WE WILL FIGHT FOR YOU
The legal process of ending a marriage can be lengthy and sometimes complex, requiring both parties to make decisions about things such as child care, custody and assets. You deserve support and our family lawyers in OKC can help. We can assist you every step of the way, or advocate on your behalf, providing advice and counsel on a limited basis called unbundled or limited scope representation.
At Naidu Law, Family law attorneys, we have more than 25 years of experience to help get you the results you need. We know the ins and outs of the law, and we will work to ensure you have a stable financial future. Contact us today to find out how we can help at 405-792-2400.