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Franklin Divorce Attorney > Blog > Family > What Is An Annulment?

What Is An Annulment?


When couples decide to end their marriage, the next step is often a divorce. However, in certain circumstances if the marriage was not valid from the beginning, a spouse may instead request an annulment in Tennessee. An annulment is granted only in specific circumstances, and it is best to have an experienced Franklin family attorney advocating for your interests in an annulment proceeding. To learn more about whether you qualify for this legal option, call or contact Fort, Holloway, & Rogers today to schedule a consultation of your case.

Defining Annulment

When a couple files for divorce, they are ending a valid marriage between spouses. However, with an annulment, a spouse is claiming that the marriage was never valid to begin with. If an annulment is granted, a person can claim that they were never legally married because the marriage itself was invalid for a specific reason, which is also known as grounds.

It is important to note that if children were born or adopted by a couple that gets an annulment, they are still considered legitimate under Tennessee law. As such, both parents are required to financially support the child, and the child can inherit from both parents upon their passing even though the marriage itself is deemed invalid by the court.

Grounds for an Annulment

An annulment requires specific grounds in order to be granted by the court. Tennessee allows the following legal grounds, or reasons, for an annulment:

  • Bigamy
  • Fraud
  • Duress
  • Incest
  • Insanity at the time of the marriage
  • Underage spouse at the time of the marriage
  • Impotence, and
  • Denial of marital rights

There are additional requirements and rules for some of the grounds for an annulment, which is why you should always secure the services of an experienced Tennessee attorney when proceeding with this type of legal case.

How to Get an Annulment

The process for getting an annulment is very similar to that of a divorce. At least one spouse must meet the residency requirement in Tennessee, and a petition is filed with the court. This petition requires substantial personal information along with any requests for the court to determine issues of property distribution, spousal support, child custody, and child support.

Once the petition is filed, a hearing will be scheduled with the court to determine whether the grounds have been met for an annulment. An attorney can provide the court with evidence and witness testimony to prove the stated grounds for an annulment. If the court agrees, the marriage is deemed invalid, and the annulment is granted. The court can also determine any other issues listed in the original petition at that time or schedule further hearings to decide on those matters. If the court disagrees, then the spouse will need to file a petition for a divorce. 

Call or Contact Us Now

Do you believe that you have a case for an annulment from your spouse in the Williamson County area? If so, the knowledgeable Tennessee attorneys at Fort, Holloway, & Rogers are here to help. Call the office or contact us today to schedule a consultation of your case now.

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