Chattanooga Annulment Lawyer

Many people assume that an annulment is simply a faster or easier version of a divorce, but that isn’t how it works under the law. An annulment is only available in limited situations where the marriage was legally invalid and should have never been formalized in the first place.

While the outcome is often similar, some people prefer to have a marriage annulled when they are eligible. With the support of our skilled divorce attorneys, you can learn if you qualify. Reach out to a Chattanooga annulment lawyer right away to get started.

What Is an Annulment?

An annulment is a court order declaring that a marriage was invalid. Instead of ending a legally valid marriage, an annulment erases the marriage as if it had never occurred in the first place. Not every unhappy or short-lived marriage qualifies for an annulment, though. The courts won’t agree to annul a marriage due to issues like regret or discovering an affair.

Even when a marriage qualifies for an annulment, the court may still need to address practical issues such as property division, financial matters, or, when applicable, child custody and child support. In these situations, the end result can look very similar to a divorce. Our attorneys can help you understand what to expect.

Grounds for Annulment

Our Chattanooga attorneys can pursue annulment on several different grounds. Some of the most common examples include the following.

Fraud

You could be entitled to an annulment if you entered the marriage because of significant fraud. The deception must involve an issue that goes to the heart of the marriage rather than a minor misrepresentation.

Duress

Both people must freely agree to marry. If someone entered the marriage because of threats, intimidation, or coercion, the consent was not voluntary. A court may determine that a marriage obtained through duress should be annulled.

Mental Incapacity

A person must have the mental capacity to understand the nature of marriage when the ceremony takes place. If one party could not understand what they were agreeing to because of a mental condition or similar incapacity, an annulment may be appropriate.

Bigamy

A person can’t legally marry while still married to someone else. If one spouse had an existing, valid marriage that had not legally ended, the later marriage may be considered invalid and subject to annulment even if both parties were under the impression the previous union was no longer in effect.

Underage Marriage

Children are considered not to have the necessary capacity to marry. However, there are some exceptions that come into play for teenagers over a certain age, so long as their parents consent. Without meeting these requirements, an underage marriage is null and void.

Annulment vs. Divorce

Although both annulments and divorces end the legal relationship between spouses, they do so in different ways. A divorce ends a valid marriage that has broken down over time. An annulment declares that the marriage was invalid because of circumstances that existed when it began.

The legal requirements also differ significantly. A divorce may be available because of irreconcilable differences or other recognized grounds. An annulment requires proof of specific legal circumstances that make the marriage invalid or voidable. Simply wanting to erase the marriage or avoid the divorce process does not qualify someone for an annulment.

Our Chattanooga attorneys can explain whether annulment might be available for you. Even if annulment isn’t on the table, there is the possibility of a divorce instead.

Speak With a Chattanooga Annulment Attorney

If you believe your marriage was never legally valid, you may be able to end it without the need for a formal divorce. Reach out to a Chattanooga annulment lawyer as soon as possible to discuss your options. The Wheland Law Firm will remove any confusion about the process so you feel confident in your approach.