YORK, PA ANNULMENT CONDITIONS
Under York PA law, the following areas established grounds for annulments and prohibited marriages. Note that this is not an exhaustive list; however, these are the most fundamental areas:
MinorsA marriage requires consenting parties to be recognized by the state as adults. Therefore, should any party to the agreement be under 18 years without applicable consent exemptions, the marriage becomes voidable. However, should the minor reach the edge of 18 and freely choose to continue the course with the other party, the grounds for annulment become non-existent.
Polygamythe institute of marriage is recognized as an agreement between two parties. Where this fundamental principle is not applied, there are grounds for the annulment of the marriage. Bigamy may be appropriately placed under this category, which indicates that a marriage is void, should one of the parties already be married at the time of the contract. There are exclusions, however, where the violating party has no proof of life of the previous spouse, provided that the deserted person in the equation is the one attempting to become remarried. The deserting spouse, by nature of the separation, automatically creates a void contract upon attempting to remarry.
ForceConsent is a fundamental building block where marriage is concerned. There should be no doubt that the parties on both ends entered a willful contract. Should it be determined that forced consent created the circumstances that led to the marriage, then this is grounds for nullity. However, as is the case with a minor who has transitioned into legal adulthood, if the forced party should choose to freely remain in the marriage, then it can no longer be made void under the same principle.
DuressLike force, duress strips away the precedent of consent that would define the institution of marriage. Threats, violence, or any action or constraint that may cause someone to carry out an action against typical and arguably better judgment can fall under the category of duress. Should it be established that any form of duress was present in the decision of either party that led to the marriage, the contract is not recognized by the state of Pennsylvania.
FraudThe consent for marriage is legally expected to be obtained by informed means. Therefore, a marriage becomes voidable if delusion leads to a decision of acceptance on either side. However, the principle of free cohabitation remains here. If the defrauded party, after having become aware of the facts at hand, should choose to continue to have the other as a spouse, the marriage then becomes a valid one.
InsanityThe state of unsoundness of mind removes the ability to properly give consent. For a more precise definition, both parties need to understand the contract associated with the marriage and the associated obligations. If the mental state of either party were to prevent this natural proceeding, the principle of nullity may be applied to this marriage. However, an exemption is made for those who have come to reason and have chosen to continue to cohabitate with the selected spouse. On these grounds, the marriage can then become valid.
Physical IncapacityA physical expectation of marriage consummation is placed on either party in the agreement. Physical incapacity speaks to an incurable predicament that renders one spouse unable to fulfill this obligation. Under these circumstances, an annulment is allowed.
These factors and others not covered here could be the defining factors in your ruling as they have been before.
THE TIME FACTOR
The expected occurrences that lead to a recognized marriage are the top priority in establishing the potential nullity clause. The legal effect of an annulment is akin to if the marriage had never existed, which often creates the misconception that time sits atop legal precedence.
However, an annulment can be requested regardless of the length of the marriage, provided that a provable allegation can be made that one spouse has violated the grounds for recognition.
Seth and his staff are very nice and helpful people. They are helping me through a very difficult time in my life and I'm glad to have them on my side to represent me. I highly recommend this firm.
- Shelby M.
Seth took the extra time to fully explain to me thoroughly in detail the answers to all of the questions i had. He sensed my urgency and immediately went to the courthouse to file.
- Michael B.
HANDLING YOUR CASE
If an annulment is required, an experienced York, PA attorney is the best option. 999PAdivorce.com combines years of experience in annulment cases with counseling services to facilitate the inevitable transition to a new way of life.
Cases may range from simple to elaborate, depending on the assets and estate that may be involved. There is also the matter of the statutes that govern the York, PA region and the extent to which they would indicate that the marriage in question can be annulled.
For your financial convenience, you can receive a free consultation to establish your case's parameters and facilitate the forming of the way forward.
START BY SPEAKING TO A YORK, PA ATTORNEY
The nuances of marriage law are best navigated by those who have the experience and qualifications to do so. It is why you are strongly advised to speak to a York, PA attorney before choosing to seek an annulment.
999PAdivorce.com is here to attend to any queries you may have and to aid you on a legal and mental level throughout the process. This is a firm that has represented numerous clients where annulment requests needed to be honored.
The team's only objective is to ensure a favorable outcome for you, especially in situations where you require the law's protection in dissolving the marriage. Such instances may include your being defrauded, forced, or deserted.
Even the cases that may seem clear-cut may require expertise that only qualified attorneys can provide.