Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Or refine your search by selecting a city:
Refine your search by selecting a city.
Annulment is a legal process that declares a marriage null and void, as if it never legally existed. In West Virginia, annulment is distinct from divorce. While divorce dissolves a valid marriage, annulment asserts that the marriage was never legally valid due to specific reasons under state law. Grounds for annulment are limited and must meet certain legal requirements. Obtaining an annulment can be more complex than divorce due to the specific circumstances that must be proven.
Choosing to pursue an annulment instead of a divorce can be legally challenging in West Virginia. Common situations where someone may require an attorney include:
A qualified family law attorney can assess your unique situation, clarify your legal options, prepare and file documents, and represent you in court hearings. Legal guidance can be critical, especially if your case involves disputed facts or legal complexities.
West Virginia law recognizes specific grounds for annulment, and the petitioner must prove that at least one applies. Some of the most common grounds include:
West Virginia courts emphasize that annulment is not available for every marital problem. If the court grants an annulment, it may also address issues such as child custody, child support, and division of property.
Annulment actions must typically be filed in the circuit court of the county where either spouse resides. Some annulment grounds have time limits or may be waived if both parties continue to live together after the grounds become known.
An annulment treats the marriage as if it never legally existed, based on grounds present at the time of the marriage. Divorce ends a legally valid marriage. Both processes are handled in family court but have different legal effects.
Grounds include bigamy, incest, mental incompetence, force or fraud, underage marriage without consent, and incurable impotence. The specific facts of each case will determine eligibility.
Fraud can be a ground for annulment if the lie was significant, such as concealment of inability to consummate the marriage or hiding a prior marriage. Minor or unrelated misrepresentations are not usually enough.
Yes, some grounds have time restrictions. For example, annulments for underage marriage must generally be filed before reaching the legal age or shortly thereafter. Other time frames depend on the specific ground.
Yes, annulment requires a court filing and potentially a court hearing. The judge must determine whether sufficient legal grounds exist to grant the annulment.
Yes, if children were born during the marriage, the court can issue orders regarding custody, visitation, and support, just as in a divorce case.
The court has the authority to decide property division, debt allocation, and other financial matters to ensure a fair resolution between the parties.
Annulment can still proceed if you can prove valid grounds exist, even if your spouse contests the annulment. Legal representation can help in contested cases.
Yes, once the annulment is granted and the court order is final, both parties are free to remarry, provided there are no other legal impediments.
While you are not legally required to have a lawyer, annulment cases often involve complex legal issues and requirements. Having an experienced attorney increases your chances of a successful outcome.
If you believe you may qualify for an annulment in West Virginia, consider the following steps:
Annulment law can be complex, so professional legal guidance is strongly recommended for the best outcome. Address your questions early and ensure you meet any applicable time limits for filing.
