
Can I have my Marriage Annulled?
Many couples frequently inquire about the possibility of obtaining an annulment within the first few days or weeks of their marriage. They do not want to go through the divorce process. And they want to have their marriage annulled instead.
The answer depends upon whether there are grounds for an annulment. Those grounds have nothing to do with the length of the marriage. Usually, when a court grants an annulment, it deletes the marriage due to some defect. Furthermore, Tennessee law provides one automatic ground for an annulment. If either of the parties is under the age of 16 years. In this case, one of the parties or any interested person acting on their behalf may annul the marriage. (T.C.A. 36-3-105.) Otherwise, annulment is based upon equity, and the Chancery Court has inherent jurisdiction.
Chancery Court Could Approve Marriage Annulment if,
1) Prior existing marriage. State law requires that a party be married to only one person.
2) Violation of statute. Parties must follow the mandatory provisions of the Marriage Act outlined in T.C.A. 36-3-306 about a marriage license, ceremony, etc.
3) Denial of Marital Rights. First, parties must consummate the marriage and cohabitate unless otherwise agreed between them. One party may not secretly intend to create a sham with the marriage.
4) Mental Capacity. Both parties must form the requisite intent to consent to the marriage.
5) Impotency. Thus, impotence is defined as the inability to consummate the marriage that existed before the marriage and that is permanent or incurable, or the party refuses to submit to treatment.
6) Duress. This coercion renders the party incapable of freely consenting to the marriage. It may be by force, restraint, or threat. This could get a marriage annulled.
7) Fraud. The fraud must have been calculated to induce the marriage, and the innocent party must have relied on this.
If you believe you have grounds for annulment, it is important to speak with an attorney who can examine the facts of your case and determine if an annulment is appropriate in your situation. We are here to help, contact us at https://www.kane-law/contact-us/
Amanda Crowell Attorney, Marriage Annulment, Married for Short Period
