Where and how do you file for an annulment?

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Where and how do you file for an annulment?

I’m a permanent resident of PA and my husband is a resident of IL (where we were married). It came to our attention after we were married that he may still be married to his previous wife. We’ve had the courthouse look up the divorce, but none was found. Although his previous wife claimed she had filed. When filing for our marriage license a decree was not needed by state law (although he was under the impression he was divorced). How do we annul this and can I annul via PA?

Asked on August 9, 2011 Pennsylvania

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The process for filing for an annulment can vary from state to state.  Filing for an annulment means the marriage is dissolved and treated as though it never existed.  In Pennsylvania, a couple can file for an annulment, and be voided, if they fall into one of the following categories:  (1) if one of the parties was already married at the time that this marriage occurred, (2) the couple is too closely related, (3) one of the parties suffered from some type of some mental incapacity, or (4) at the time of the marriage the parties were under 18 years of age. 

 

Marriages can also be voidable if the couple falls into one of the following categories:  (1) if one of the parties was under 16 years of age at the time of the marriage, (2) impotency, (3) either party was intoxicated and initiated a petition within 60 days of the marriage, (4) duress, (5) fraud, (6) coercion or force were used to secure the marriage. 

 

Since he was still married at the time of your marriage, you would qualify for an annulment under Pennsylvania law.  You can often file for an annulment in the county where you live or where you were married.  You should check with the family law court in your area for further advice to proceed with the annulment.


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