Legal Annulment

First and foremost, a legal annulment is not a divorce or a legal separation. It is also not the same as a spiritual annulment such as one applied for in a religious context. Legal annulment is not a popular method of dissolving a marriage.

Under Connecticut General Statutes Sec. 46b-40(b):

“An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed.”

This means that the marriage is rendered void from the beginning, as opposed to a divorce that is only dissolved subsequently, after a valid marriage.

There are six grounds for filing an annulment:

  • marriage of certain kindred
  • marriage attempted to be celebrated or performed by someone unauthorized to do so
  • marriage performed in Connecticut without a valid marriage license
  • marriage of persons under conservatorship or guardianship
  • marriage of minors
  • conviction of an offense against chastity

The legal annulment process is similar to the divorce or legal separation process. However, Connecticut General Statutes Sec. 46b-67(b) provides that:

“A decree of annulment … shall give the parties the status of unmarried persons and they may marry again… Neither the ninety-day period specified in this section nor the six-month period referred to in section 46b-53 shall apply in actions for annulment and the court may proceed on any cause of action for annulment in the manner generally applicable in civil actions.”

According to the Connecticut Office of Legislative Research:

“Examples of marriages that are void are bigamous or incestuous marriages. Examples of grounds that would make a marriage voidable are fraud, physical or mental incapacity, and force or duress.”

For more information on legal annulments, consult a Connecticut lawyer at the Law Offices of Gryk & Frolich LLC in Manchester, Connecticut.

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Disclaimer: The information presented here is only meant to offer a brief guide to the adoption law in Connecticut as it applies to gay and lesbian couples.  It is not and should not be construed as legal advice.   Questions about your individual circumstances should be discussed with a licensed attorney.  A Connecticut  lawyer at  Gryk & Frolich LLC is available to assist you in the co-parent or step-parent adoption process.