Just like divorce, an annulment terminates a marriage. However, the Tulsa annulment process goes one step further by declaring a marriage either void or voidable through a legal proceeding. The result is as if the marriage never occurred.
Speaking with a family law attorney can help decide whether an annulment is the right process for you and your spouse.
What is an Annulment?
An annulment is a legal procedure through the family court system that declares the marriage never occurred in the first place. Either one, two or both individuals that entered into the marriage did not meet the qualifications to marry, or the circumstances surrounding the marriage did not meet the proper requirements to constitute a legal marriage.
The courts in Oklahoma can either declare the marriage void through the Tulsa annulment process — which means it was never proper to begin with — or voidable due to some action by one or both spouses, even if the marriage could still be valid.
Void Marriages
A void marriage is one that was never a legal marriage and the circumstances surrounding the marriage are illegal in Oklahoma. No matter the conduct of the parties, this type of marriage cannot be made legal.
The types of void marriages include:
- Incestual marriage to a relative
- Polyamory or bigamy
Voidable Marriages
Voidable marriages are those that are valid on its face, however certain circumstances surrounding the marriage can occur that allows one or both parties to request action through the Tulsa annulment process.
However, if a couple continues to cohabitate after discovery of a possible voidable marriage claim, than the couple waive the possibility of seeking an annulment. In this case, conduct does control the outcome.
Voidable marriages include:
- A spouse (or both) under the age of 18
- Unable to consent due to mental incapacity
- Unable to physically consummate the marriage
- Incurable insanity for five years or more
- Consent received as a result of duress or fraud
- Remarry before waiting period has expired for previous divorce
While conduct shapes the outcome in many of these cases, a spouse must meet the age of 18 and continue to cohabitate with their spouse to waive the claim of voidable marriage. Similarly, if a spouse that remarries before the six-month waiting period for a previous divorce is over, the voidable marriage claim is waived if both spouses continue to live together, even through the Tulsa annulment process.
If consent to marry is coerced or bought about by fraud, upon discovery of the fraud or coercion, the spouse that was coerced must separate and move out immediately. If the spouse does not move away from the offending spouse, they risk waiving their claim to a voidable marriage.
Obtaining an Annulment
In order to continue through the Tulsa annulment process in Oklahoma, it is best to consult with a family law attorney in order to review your case and discuss the relevant and necessary evidence you need to prove your grounds for annulment.
You will need to gather evidence illustrating how the marriage is not legal. For example, if a female married a man that turned out to be homosexual, testimony from friends and family would be needed to show the grounds of fraud.
Similarly, if a parent’s child — whom is over the age of 18, but nevertheless is mentally challenged — became married, the parent could challenge the consent their child gave. The parent and child would need to show medical records and provide testimony at the trial.
All actions through the Tulsa annulment process require a trial and a hearing before a family court judge. There you will provide any documents and testimony proving the grounds for an annulment.
Free Annulment Consultation with a Tulsa Family Law Attorney
Annulments can be a demanding process, and they are not very common. It is important that an experienced and skilled family law attorney represent you in order to properly proceed through the steps to an annulment and make sure all relevant evidence is provided in order to be granted your annulment.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma annulment process.
For a free confidential consultation, call now: 918-924-5526.
