Annulment of marriage in louisiana
With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage. Many religions have guidelines regarding divorce and annulment. Obtaining permission to have an annulment or a divorce from your religious leaders is usually a completely separate process from the legal process.
The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in religious rituals. A court of law may consider your religious marital status but does not have to recognize the religious determinations when making rulings about spousal support, property disputes, or any other legal issues.
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Legal Information Institute. Void or Annulled Marriage. More in Relationships. There are a number of legal grounds for obtaining an annulment, including:. One or both spouses were forced or tricked into the marriage. One or both spouses were not able to make a decision to marry due to a mental disability , drugs , or alcohol. One or both spouses were already married at the time of the marriage bigamy.
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One or both spouses were not of legal age to marry. The marriage was incestuous.
One or both spouses is impotent unable to function sexually at the time of marriage. One of both spouses lied, concealed or misrepresented something such as unwillingness to have children, already having children, legal problems, or criminal problems. Because one of these conditions must be met for an annulment to be granted, they are rare.
The difference between legal separation, annulment and divorce
Length of the Marriage. Legal Assistance. Finances After Divorce vs. Differences Between Annulments and Divorces. Was this page helpful? Thanks for your feedback! Sign Up.
What are your concerns? Article Sources. Continue Reading. A null marriage means the spouses were never legally married. In Louisiana, however, the spouse who did not know the marriage should have been null can still share the benefits of a valid marriage. The innocent spouse can still ask for alimony and a share of the spouses property. Children of a null marriage are still considered legitimate. They can still inherit from both parents, and both parents still have to financially support the children.
Absolutely null marriages are void and automatically annulled. Absolutely null marriages include marriages where one spouse is bigamous, where marriages were conducted without a ceremony, or marriages where the spouses are related as first cousins or closer. Under Louisiana law, any marriage that is conducted without a marriage ceremony, one contracted through procuration - where the spouse is acquired contractually, such as in a mail-order bride situation - or in violation of the law, is considered to have never taken place at all. Relatively null marriages include those where one party did not consent or was unable to consent to the marriage, one spouse was underage, is mentally retarded, was intoxicated, was not present for the marriage, or was coerced into the marriage.
Spouses in a relatively null marriage can have a valid marriage if the spouse who did not consent later does. Louisiana also recognizes voidable marriages, where one party may seek to have the marriage annulled if the consent of one or both parties of the marriage was not freely given. Situations of coercion, threat of force, or any situation where the marriage is based on fraud qualify for a voidable marriage. Obtaining an annulment in Louisiana is much like obtaining a divorce.
It may be possible to complete this process without paying for legal representation; however, proving fraud, for example, or drug addiction or any other basis for annulments of marriage can be difficult. In Louisiana, to annul a marriage, one spouse files a Petition to Annul marriage in the district court of the parish where either spouse lives. The filing spouse is the plaintiff; the other spouse is the defendant. The petition includes both parties names, the place and date of the marriage, and the legal grounds for annulment. The petition states claims for alimony, child support, or a division of the joint property.
The petition must not only explain the reason for annulment, but also when the plaintiff first realized the marriage was illegitimate. After filing, the plaintiff must serve the defendant the annulment papers. There are ways to complete service on the defendant even if he or she cannot be found or lives out of state. A hearing is held before a judge who must decide if the plaintiff has proven the argument for annulment. If the judge agrees, he or she signs a judgment declaring the marriage null.