The availability of annulment is a common question we receive. It typically arises when individuals want to end a marriage soon after it began. The problem is that annulments are only granted under a few circumstances. A marriage can only be annulled if you fall under at least one of the following requirements:
1) The parties are closer than first cousins
2) The parties are double first cousins
3) One of the parties to the marriage is below the age of sixteen (16)
4) One or both of the parties are already married
5) Either individual is impotent when the marriage occurs
6) One or both of the parties entering into the marriage is incompetent or incapable of contracting
7) If the marriage is entered into under the representation and belief that the female partner is pregnant and a separation occurs between the parties within forty five (45) days of the marriage and continues for one year, unless a child is born within 10 months of the date of separation.
It is important to note that alimony is not recoverable if the marriage is annulled. This is a subject of concern for many individuals when they are considering an annulment versus an actual divorce.