Edmond Annulment Lawyers

The end of a marriage is often a difficult time for spouses and presents different legal issues. However, in certain situations, an annulment might be the right path to pursue. Annulment is often misunderstood when compared to divorce, even though both involve the termination of a marital relationship. Our lawyers have been helping spouses through Oklahoma County work through the annulment process since 2008. 

Call our Edmond office at (405) 331-7884 or contact us online today.

What Is an Annulment?

An annulment is a legal procedure that declares a marriage void, as though it never existed. While a divorce ends a legally valid marriage, an annulment says that, at least from a legal perspective, it never existed because it was invalid from the start. Annulment is not as common as divorce, mainly because its requirements are more specific. 

The Grounds for an Annulment in Oklahoma

Oklahoma law has set specific grounds under which a marriage may be annulled. These include:

• Fraud or misrepresentation: If one party deceived the other into the marriage through lies or deliberate concealment of important information, the marriage may be annulled.
• Bigamy: If one spouse was already married to someone else at the time of the second marriage, the new marriage is invalid and can be annulled.
• Incestuous marriage: Marriages between close family members, such as siblings or first cousins, are prohibited by law and considered void.
• Underage marriage: If one party was underage and did not have proper consent to marry, the marriage could potentially be annulled.
• Lack of mental capacity: If one spouse was mentally incapacitated at the time of the marriage, it can be grounds for annulment.
• Duress or force: A marriage entered into because one party was threatened or coerced can be invalidated through annulment.
• Non-consummation: Failing to physically consummate the marriage can, in certain situations, serve as grounds for annulment.

Settlements in an Annulled Marriage

In some cases, Oklahoma law on property division, child custody, and spousal support may be impacted by whether you choose the legal path of annulment or divorce. In other cases, there may be no difference. 

Here’s a brief overview: 

Property Division

In an annulment, the court may divide property and debts acquired during the marriage using the same "equitable division" principles as in a divorce. This means that even though the marriage is considered void, the court still addresses the division of assets and liabilities as it would in a divorce.

Child Custody and Support 

An annulment does not affect the legitimacy of children born during the marriage. The court will issue rulings on child support and custody under the same rules as if the parents were getting a divorce. The reason is that courts prioritize the best interests of the child, regardless of the marriage's validity.

Spousal Support

The reality that a marriage did not legally exist can impact spousal support, often referred to causally as “alimony.” While every case is unique, there is typically no alimony involved with annulled marriages.