Best Annulment Lawyers in New Hampshire

About Annulment Law in New Hampshire, United States

Annulment is a legal process in New Hampshire that declares a marriage null and void, as if it never legally existed. Unlike a divorce, which ends a legally valid marriage, an annulment is only granted for specific reasons outlined by state law. The grounds for annulment are distinct and more limited than those for divorce. Understanding how annulment works in New Hampshire is important for anyone who believes their marriage may be invalid or wishes to pursue this option.

Why You May Need a Lawyer

The annulment process in New Hampshire can be complicated and may require careful legal analysis of your unique situation. Here are common reasons people seek legal assistance for annulments:

• Understanding if your circumstances qualify for an annulment under New Hampshire law
• Filing the correct paperwork and documentation with the court
• Representing you at hearings and presenting evidence for your case
• Navigating issues of property division, child custody, and support if children are involved
• Responding to opposition from the other spouse
• Ensuring you meet legal deadlines and procedural requirements

Attorneys experienced in annulment cases can guide you through each step and help protect your legal interests.

Local Laws Overview

In New Hampshire, annulments are governed by state statutes that list specific grounds on which a marriage can be annulled. The main grounds for annulment typically include:

• One or both parties were underage and did not have required parental or court consent
• Bigamy or polygamy - one party was already married to someone else
• Fraud, misrepresentation, or concealment of important facts
• Duress or force used to obtain consent to marry
• Impotence or incapacity that was undisclosed at the time of marriage
• Close blood relationship (incestuous marriage)

To obtain an annulment, one must file a petition in the appropriate New Hampshire court and prove that the marriage should be annulled based on qualifying legal grounds. The court will review evidence and testimony to determine if an annulment is justified.

Frequently Asked Questions

What is the difference between an annulment and a divorce?

A divorce ends a valid marriage. An annulment legally declares that the marriage was invalid from the beginning, as if it never existed.

What qualifies as legal grounds for annulment in New Hampshire?

Grounds include bigamy, underage marriage, fraud or misrepresentation, duress, impotence, and incest. Each situation must meet specific legal criteria.

How long after marriage can I file for an annulment?

There is no strict time limit, but it's important to file as soon as possible after discovering the grounds for annulment. Delays could make it more difficult to prove your case.

Do I need to prove wrongdoing to get an annulment?

Yes, you must provide evidence that your marriage meets one of the specific legal grounds for annulment under New Hampshire law.

Can I get an annulment if my spouse lied to me?

Possible, if the lie involved a significant fact that goes to the essence of the marriage and if the court finds that the fraud prevented meaningful consent.

Can children from the marriage be affected by an annulment?

Children born in an annulled marriage are considered legitimate. Issues of custody, visitation, and support are handled similarly to divorce cases.

What happens to property and debts if my marriage is annulled?

The court may divide property and debts equitably, similar to a divorce, but the specific circumstances can affect how assets are distributed.

Will I need to appear in court?

Generally, at least one hearing is required where evidence is presented. Your lawyer can represent you and guide you through the process.

How long does the annulment process take in New Hampshire?

It depends on the complexity of the case and court schedules. Some cases can be resolved in a few months, while others may take longer.

Can I remarry after an annulment?

Yes, once the court grants an annulment and the judgment is final, you are free to remarry.

Additional Resources

If you are considering an annulment, the following resources and organizations may be helpful:

• New Hampshire Judicial Branch - Family Division
• New Hampshire Legal Assistance
• New Hampshire Bar Association - Lawyer Referral Service
• Local family law attorneys specializing in annulment and divorce
• National organizations providing family law information and support

Next Steps

If you believe you have grounds for annulment in New Hampshire, consider taking these steps:

1. Gather any documents or evidence related to your marriage and the grounds for annulment
2. Consult with a qualified family law attorney familiar with New Hampshire annulment law
3. Discuss your situation and review your options
4. File a petition for annulment in the appropriate New Hampshire Family Court, with legal assistance if possible
5. Attend all required court hearings and respond promptly to requests from your attorney or the court

Seeking legal advice is the best way to ensure your rights are protected and navigate the complexities of annulment proceedings in New Hampshire.