When it comes to unraveling the complexities of annulment in Connecticut, the waters can often seem murky and daunting. Unlike a divorce, which acknowledges the existence of a marriage that has now ended, an annulment operates on the principle that the marriage was never valid in the first place. This distinction is crucial, yet many individuals embarking on this legal journey find themselves overwhelmed by the intricacies involved.
Understanding the nuances of Connecticut annulment can make a significant difference in navigating these legal waters effectively. Annulment may be a less traveled path in the Connecticut Family Court, but one that carries profound implications for those involved.
Statistically speaking, annulments account for only a fraction of marital dissolutions compared to divorces. However, for those who seek this route, the reasons can range from issues of legality and consent to cases of fraud or coercion. Understanding these grounds and how they apply within the Connecticut legal framework is essential for anyone considering this option.
Grounds for an Annulment
In Connecticut Family Court, there are specific grounds on which a marriage can be annulled, providing a legal declaration that the marriage never existed. Understanding the grounds for annulment in Connecticut is crucial for individuals seeking to dissolve their marriage through this process.
One of the key grounds for annulment in Connecticut is if one or both parties were under the legal age to marry at the time of the marriage. Connecticut law dictates a minimum age requirement for marriage, and if this requirement is not met, the marriage can be annulled.
Another common ground for annulment in Connecticut is if one of the parties lacked the mental capacity to consent to the marriage. This could include situations where one party was under the influence of drugs or alcohol at the time of the marriage or if there was a mental illness that prevented full understanding of the marriage contract.
Fraudulent inducement is also a valid ground for annulment in Connecticut. If one party can prove that the marriage was entered into based on fraudulent misrepresentations or deceit by the other party, the court may grant an annulment.
Additionally, if the marriage was entered into under duress or force, it can be annulled in Connecticut. This includes situations where one party was threatened or coerced into the marriage against their will.
Impotence at the time of marriage is another ground for annulment in Connecticut. If one party can prove that the other was physically incapable of consummating the marriage at the time of the wedding, the court may grant an annulment.
Some churches have a separate “annulment” process, which is the name they give for granting religious permission to end a marriage. However, this is not connected in any way to the Connecticut state laws or marriage procedure.
What about Alimony, Custody and Property?
Property division is the same for annulment as it is for divorce or legal separation: “At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either spouse all or any part of the estate of the other spouse. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either spouse, when in the judgment of the court it is the proper mode to carry the decree into effect.” Conn. Gen. Stat. § 46b-81(a).
The same is true for alimony, custody and child support: “Section 46-28 of the General Statutes provides that the issue of any void or voidable marriage shall be deemed legitimate and permits the Superior Court to order alimony, custody and child support as it might in a divorce proceeding.”
Stamford and Fairfield Divorce and Annulment Attorney
I represent clients in Connecticut Family Court proceedings through out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Understanding these grounds for annulment in Connecticut Family Court is essential for individuals navigating the legal process of dissolving their marriage. By being aware of these grounds and seeking legal counsel, individuals can ensure that their rights are protected throughout the annulment process.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about a possible an annulment in Connecticut.