First and foremost, a legal annulment is not a divorce or a legal separation . It is also not the same as a religious annulment. It is not the valid way to dissolve a marriage because the marriage was entered into only a short time before a spouse realizes it was a mistake. It is a declaration by the court that there was no valid ground to permit these people to marry. It may have been entered into due to fraudulent representations as to the intent to consummate the marriage or an individual may not have had the capacity to enter into a marriage because they were a minor without proper permission or under conservatorship. Legal annulment applies in a very small number of cases and as a result is rarely used as way to dissolve 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 the individuals had no valid grounds to enter into the marriage, as opposed to a divorce that is only dissolved subsequently, after a valid marriage.
Some of the Grounds for Filing for an Annulment under Connecticut General Statutes Sections 46b-21, 46b-22, 46b-24, 46b-29, 46b-30 and 46b-48
- 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
Because the statute permits annulment of cases where the marriage is void or voidable, this may not an exhaustive list. Contact a Connecticut Attorney to consult them with the facts of your particular situation.
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.
This should not be taken as legal advice and the reader is advised to contact an attorney to determine their rights. Law varies from state to state.