Ending a Marriage: Annulment Flashcards
1
Q
Annulment in General
A
Declares marriage was never valid based upon circumstances that existed at or before the marriage
2
Q
Void Marriages
A
Marriage is dissolved AUTOMATICALLY
3
Q
Voidable Marriages
A
Valid until one spouse seeks to legally void the marriage
Judicial decree required
Grounds:
(1) Incapacity; or
(2) Fraud
4
Q
Voidable Marriages: Fraud
A
The fraud must go to the ESSENCE of the marriage and exist at the time of the marriage
5
Q
Children of an Annulled Marriage
A
Considered marital children
6
Q
Remedies Available in Annulment Proceedings
A
(1) Equitable distribution of property;
(2) Child support;
(3) Custody;
(4) Attorney’s fees; and
(5) Alimony may be available
7
Q
Defense to Annulment
A
Deny existence of the impediment that voided the marriage
