Pursuing Annulment: Distinguishing Voidable and Void Marriages – Part 2

In part one of our annulment series, we brought you important information about the ways to prove that your marriage is voidable. We additionally shed light on the main difference between a divorce and an annulment, which voids a marriage as if it never happened. Now, with more advice from attorneys Marcus C. Barrera and Edward P. Sanchez, we’ll show you how a marriage can be annulled due to it being illegal in the first place.

Your marriage can potentially be voided as if it had never happened. Find out how by contacting our divorce lawyers in McAllen today.

Understanding a Void Marriage

“An annulment suit is based on causes that occur prior to a marriage rather than causes that occur after the marriage,” according to attorney Marcus C. Barrera.

This is especially important when trying to understand what makes a void marriage. You see, unlike a voidable marriage, a void marriage is instantly invalid due to its classification as a union that was illegal even before the vows were recited. It’s illegal to marry an individual under the following situations:

  • One of the spouses is already married (bigamy).
  • One or both spouses are under the age of consent and lack parental consent or court approval to be married. Keep in mind that this option may not be viable if the underage spouse remains married after reaching the age of consent.
  • In most states, unions between relatives closer than second cousins are illegal (incest).

It’s important to keep in mind the amount of time you have before you’re no longer able to file an annulment.

“In most cases, one spouse must file a petition within a limited amount of time before the other spouse dies,” says attorney Edward P. Sanchez. “However, there are exceptions with shorter time periods and you must consult a lawyer to make sure you are within the proper time period to file an annulment.”

We’ll Help You Find a Solution

While it may not be easy to file an annulment, the legal representation of a qualified divorce attorney can help. If you’re looking for answers for a situation that has you feeling confused or lost, the legal team at Barrera Sanchez & Associates, P.C. is here to help. Give us a call in McAllen for more information about our comprehensive services.

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