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When can I get an annulment?

Imagine you and your significant other went to Las Vegas for a weekend of partying. One night on your trip, you drank too much and woke up the next day - married. You don't even remember saying "I do," but you found the rolled up paperwork in your pocket. In this circumstance, because you were drunk, you might not actually be married. 

What is an annulment?

In certain situations, like when you go through a marriage ceremony while intoxicated -- divorce is not necessary because the couple was never really lawfully married in the first place. The "spouses" can then go their separate ways without the complexities involved with divorce proceedings.

Here are several scenarios when a couple might be able to get their marriage annulled:

  • Intoxicated during the marriage: If one or the other spouse was intoxicated during the marriage ceremony, the marriage might not be legally valid.
  • Mental illness: If one of the spouses was mentally ill or suffering from a mental disability during the ceremony, it's grounds for annulment.
  • Fraud: Another reason for annulment involves one spouse lying to the other or misrepresenting him- or herself prior to the marriage.
  • Marriage under duress: A marriage that is forced -- or if one spouse was coerced into saying "I do" -- is not going to be legally-binding.
  • Already married: In the United States, people can only be married to one person at a time. If one of the spouses has yet to finalize his or her divorce before a second marriage, the second marriage is unlawful.

In the vast majority of cases, no grounds for annulment exists and the couple will need to divorce in the usual way. However, if one of the above scenarios is present, then annulment could be a suitable option.

Are you considering divorce in Tennessee?

Tennessee spouses who are considering divorce may want to examine all their options, such as annulment, before filing their divorce papers. By familiarizing yourself with the ins and outs of Tennessee family law, you'll have a better chance of divorcing in the easiest, most cost-effective way possible.

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Jack P. Sherman, Attorney at Law
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Memphis, TN 38103

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Phone: 901-233-3474
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