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Annulment in TN

AnnulmentAnnulment Attorney|Turner Law Offices, P.C.

Annulment is a legal proceeding wherein a marriage is declared void ab initio, or “from the beginning.”  If the legal requirements of a legal marriage have not been met at the time of the marriage, the marriage can be declared void.  An annulment is very different from a divorce;  a divorce is a legal proceeding dissolving a valid marriage, an annulment is a legal proceeding declaring that the marriage never existed in the first place.  Tennessee law discusses Annulment and Divorce in the same code section.

Annulment Process

Tennessee law allows some marriages to be terminated by court decree that the marriage is void, or voidable, from its inception.  An annulment is a legal proceeding wherein the marriage is declared invalid, i.e. there was never a valid marriage to begin with.  An annulment can happen for void marriages, i.e. void due to public policy (a homosexual marriage, an incestuous marriage, or a bigamous marriage), or voidable marriages at the discretion of the wronged spouse (See Grounds For Annulment).  A Complaint for Annulment is filed with the court stating grounds for the court to declare the marriage void.

Grounds For Annulment

The main grounds for annulment are the following:

  • Insanity of the spouse or inability to understand the nature of marriage when married
  • Under the legal age when married
  • Incest (spouses are related with degree of kindred closer than first cousin)
  • Bigamy (spouse has a previous living spouse at the time of marriage)
  • Duress or coercion at time of marriage
  • Fraud
  • Impotence
  • Denial of marital rights, i.e. spouse refuses to live with or have sexual relations

Effect of an Annulment

When an annulment is granted, a Final Decree of Annulment is entered declaring that the marriage is not valid.  A person may legally say that they were never married.  During the annulment hearing, the court can handle the same issues that are handled in a divorce case, i.e. division of property and assets, parenting time and child support.  Even though the marriage is declared invalid, minor children born after the marriage and before entry of the Decree of Annulment will be considered legitimate under Tennessee law, retaining the right to be financially supported by both parents and to inherit from both parents.

Talk with an Annulment Lawyer

Turner Law Offices, P.C. has over 20 years experience handling over 15,000 cases.  Our family law attorneys have experience handling matters seeking termination of marriages in annulment and divorce contexts.  Request a Free Initial Consultation Online or call our offices today to schedule your in person meeting with one of our family lawyers.

(615) 259-2660

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