An annulment proceeding is commenced to obtain a ruling that a valid marriage never took place because a defect existing at the time of marriage. A marriage can be void from the beginning or it can be voidable, meaning that it is valid until one of the parties brings an action to have it annulled. In the latter instance the marriage is legally binding until a court declares the marriage annulled. Grounds for annulment include incapacity to contract, insanity, bigamy, fraud, duress, and non age.
Either party may file a Complaint for Annulment in the Family Division of the Circuit Court for the county where at least one of the parties reside. There is no length of residency requirement like that which exists in a divorce action. A resident of another state may file a petition as long as one party to the marriage is a resident of the county where the petition is filed.
If you have any questions about annulments or would like to find out if you meet the grounds for filing a complaint for the same, please contact our office for a free consultation.