O'Fallon, Missouri
2678 Babble Creek Ln
O'Fallon, MO 63368
(636) 240-3632

Missouri Family Law: Annulment May 26, 2017

O'Fallon, O'Fallon
Missouri Family Law: Annulment, O'Fallon, Missouri

Under limited circumstances, a marriage can be deemed legally invalid by a family law court and treated as if it never happened. This process is called annulment, and it can be the best choice to end a marriage in qualifying cases, but it isn’t widely available. The family law attorneys at Blackwell & Associates, P.C. in O’Fallon, MO, can explain the process and help you determine whether you qualify.

Annulment is not a simple process. You must have adequate grounds for the request, petition the court, and prove the reasons your marriage is invalid. Because the process is complicated and even simple mistakes can cause setbacks, it’s recommended you hire an attorney for guidance.

To qualify for an annulment, a marriage must have been invalid from the start under existing family law. Several circumstances could fulfill this condition, including:

  • Underage Marriage: If one or both spouses were under 18 at the time of the marriage and didn’t have the permission of their parents or the court, they were not legally able to enter into a marriage contract.

  • Family law O'Fallon MOFamilial Relation: Parents and children, ancestors and descendants, siblings, first cousins, aunts and nephews, and uncles and nieces may not marry under Missouri law.

  • Duress: A person who has been coerced cannot legally enter into a valid contract. If one party was forced into marriage under threat of violence or other harm, the marriage is invalid.

  • Fraud: If one spouse lied or misrepresented themselves to the other regarding a vital element of the marriage contract, it might be invalid, but only if they do not continue to live together as a couple after the deception is uncovered.

  • Lack of Capacity: This condition applies to not only mental incompetence but permanent physical impotence.

  • Bigamy: An individual cannot be part of two legally valid marriages simultaneously. If one spouse was married at the time of the second union, the second marriage is invalid.

If you believe you qualify for an annulment, contact a family law attorney as soon as possible. The law office of Blackwell & Associates, P.C. in O’Fallon, MO, offers consultation and representation in divorce and annulment cases throughout the St. Charles County area. Call (636) 240-3632 or make a request online to discuss your case.

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