Seeking a Marriage Annulment in Tennessee
- At December 10, 2012
- By Miles Mason
- In Divorce
- 0
If you are seeking a marriage annulment in Tennessee, know that declaring the marriage illegal isn’t easy. TN divorce laws only allow for this in special circumstances. Simply regretting the decision to get married is generally not grounds to have the marriage annulled.
But there are different reasons for seeking annulment. Some do it for religious reasons, making it easier to remarry in their church. Others do it for legal reasons, citing that the marriage was never legal in the first place. And still others for a variety of personal reasons.
If you are seeking to dissolve your marriage in this way, consult with a divorce attorney in Memphis, TN. Seeking legal counsel can help you determine if you have the right to have your marriage annulled. HG.org, an online law and government information website, lists underage marriage, bigamy, inter-family marriage, and adultery resulting in pregnancy as some of the reasons that a couple may file for annulment in Memphis.
Grounds for Marriage Annulment in Tennessee
One of the grounds for an annulment is that it was illegal. For instance, in the state of Tennessee anyone under the age of 18 must receive consent from a parent to marry. Furthermore, anyone under the age of 16 is generally prohibited from being married If it is found that proper consent wasn’t given, the marriage may be annulled.
It is also illegal to enter into a marriage if an individual is already legally married to someone else. If this happens, the second marriage can be easily annulled. There are certain instances, like previous marriage, that require some detective work on the part of your divorce lawyer in Memphis, TN – or someone they hire – to determine if your marriage can be successfully annulled with just one important legal document.
Another sometimes quicker way to determine annulment is if a marriage was performed between two blood relatives. The only exception to this is cousins that are not first cousins. However, this can even apply to certain non-blood relatives, such as a stepparent or adopted child.
TN divorce law also allows a marriage annulment in Tennessee if misrepresentation or fraud is involved. One example would be entering a marriage with someone who knew he or she couldn’t have children but lied about it.
Other grounds for the granting of annulment include a pregnancy by someone other than the spouse – without the spouse’s knowledge – when the couple was married. Impotency or insanity may also be grounds for annulment.
Other Concerns Regarding Marriage Annulment in Tennessee
One of the concerns that may arise is how an annulment will impact any of the couple’s children. Keep in mind that no matter the reason, you will need to have evidence that backs up your claims that you meet the required grounds to get an annulment. What’s more, a marriage annulment in Tennessee will not affect the legitimacy of the children.
Annulments are generally granted when a marriage has been short-lived, such as a few weeks. But it is possible to receive one after a long-term marriage. Also keep in mind that child custody must still be determined if the marriage is annulled.
Child support will also be determined to ensure the children are properly provided for, but spousal support may not be available. Discuss your case with a divorce attorney in Memphis, TN to further review the TN divorce laws that may apply.
To learn more, see What Are the Requirements for Annulment in Tennessee?
Speak to a Divorce Attorney in Memphis, TN
Annulments are rare but they do happen. If you do not meet the requirements to have a marriage annulled, you may still pursue a divorce. If you would like to learn if your particular situation qualifies, talk to a divorce attorney at the Miles Mason Family Law Group. We can help you sort through the pros and cons and better understand how state laws may apply. You may learn more about TN divorce laws by ordering our FREE eBook.