What Is A Legal Annulment?

Irene C. Olszewski, Esq. — Wed, 18 May 2011 21:25:30 +0000

First and foremost, a legal annulment is not a divorce or a legal separation. It is also not the same as a spiritual annulment such as one applied for in a religious context. Legal annulment is not a popular method of dissolving a marriage.

Under Connecticut General Statutes Sec. 46b-40(b):

“An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed.”

This means that the marriage is rendered void from the beginning, as opposed to a divorce that is only dissolved subsequently, after a valid marriage.

There are six grounds for filing an annulment:

* marriage of certain kindred
* marriage attempted to be celebrated or performed by someone unauthorized to do so
* marriage performed in Connecticut without a valid marriage license
* marriage of persons under conservatorship or guardianship
* marriage of minors
* conviction of an offense against chastity

The legal annulment process is similar to the divorce or legal separation process. However, Connecticut General Statutes Sec. 46b-67(b) provides that:

“A decree of annulment … shall give the parties the status of unmarried persons and they may marry again… Neither the ninety-day period specified in this section nor the six-month period referred to in section 46b-53 shall apply in actions for annulment and the court may proceed on any cause of action for annulment in the manner generally applicable in civil actions.”

According to the Connecticut Office of Legislative Research:

“Examples of marriages that are void are bigamous or incestuous marriages. Examples of grounds that would make a marriage viodable are fraud, physical or mental incapacity, and force or duress.”

For more information on legal annulments, you should contact a licensed attorney.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

Parenting Education Classes

Irene C. Olszewski, Esq. — Thu, 17 Sep 2009 04:57:58 +0000

If you are a party to a pending divorce, legal separation, annulment, or child custody action in Connecticut – and you have minor children born to the marriage – you are required by law to participate in Parenting Education Classes. These 6-hour classes are designed to teach parents how to help their children adjust in a healthy way to the changes they will experience when their parents divorce and begin living apart.

Obviously, children will have emotional reactions to their parents’ divorce. The classes assist parents in understanding the developmental stages their children will experience. Parents will learn guidelines for designing visitation arrangements that can be facilitated with minimal stress on the children.

The cost of the program is $125.00 per parent. Parties may apply for a waiver of the fees if they cannot afford the cost. For those couples who have difficulty or fear of being in the same class room together, the classes may be taken separately. Be advised that a Magistrate or Judge can order your participation in the classes.

While most clients look upon these classes as an expensive hassle, they usually report afterward that they found the classes beneficial and informative. Either way, they are required … and the effort you expend will benefit your children during an otherwise difficult time in their lives.

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Attorney O's Midnight Musings: Connecticut Law » Annulment

What Is A Legal Annulment?

Parenting Education Classes