I am 20 years old and a college student who is in the Army. I was wondering what exactly I need to do together an annulment and how hard it is to get one. Once I get an annulment what records will there be and will it show up on background checks and taxes.
An annulment means that your marriage was either void or voidable and each state has nuances as to what that means. Affectively if your marriage is void or voidable it dissolves it as if it never existed. Check with your local clerk or a local attny and they can tell you what GA requires in order to qualify. Take care and thank you for your service to our country, you are owed a debt of gratitude. Our office reduces the legal fees for those serving in the armed forces or for those who have served in the armed forces down to our actual cost, perhaps you can find someone like that in GA. Many times we don't even have to charge. Be well!
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Family Law Attorney
In order to obtain an annulment, you must be able to show that your marriage was invalid for some reason. Common reasons for granting an annulment include discovering that a spouse's prior marriage was not terminated, discovering that a party to the marriage was actually not of an age to contract for marriage, or showing that someone was fraudulently induced into the marriage. You must also show that there have been no children issued from the marriage (no children conceived since the date of marriage.)
An annulment is difficult to obtain in that it requires proving the invalidity of the marriage. (This is different from divorce, where the grounds are rather irrelevant; a divorce is granted as long as anyone asks for it.) For that reason the first step to obtaining an annulment is hiring an attorney to assist you in pursuing one.
Once an annulment is granted, the marriage ceases to have existed. Your marital status reverts back to "single" (as opposed to being "divorced").
Again, if you want additional information about an annulment, you should contact a family law attorney with some experience dealing in annulments.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Family Law Attorney
There are court records that are going to be a part of your "history," no matter what you do. Information of your marriage will also not disappear. But, I have no reason for you to be concerned about a divorce or that an annulment will appear on your record in some fashion.
The concept of an annulment really stems from the Catholic Church, where you could not be divorced and receive communion. So, you would have to request (and pay for) a papal dispensation to be declared annulled, as opposed to divoce, in the eyes of the church. This is still true today.
The legal differences between annulment and divorce of a short-term marriage are almost indistiguishable. Just go with a divorce and, if you hire an attorney, this should not break the bank to get it done relatively quickly and cheaply. Good luck.
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Family Law Attorney
An annulment is generally used in cases where the marriage is legally invalid or "void." It is not used to end an otherwise valid marriage. Your question does not contain enough information to determine whether an annulment is even appropriate for you.
However, assuming that an annulment is appropriate, it could show up on a background check if the background check reviews court records. An annulment is a specific form of a lawsuit, and it would show up on the courts docket, like any other lawsuit would. I know of no reason why would show up for tax purposes.
I strongly suggest you speak with an attorney about your case to see if an annulment is even appropriate. Generally, annulments are useful in very limited situations, and it is more likely that your circumstances would require a divorce.
Nothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues.
Divorce / Separation Lawyer
You asked this same question elsewhere online already. In case you missed the reply, I am reposting it here:
Annulments are very rare. They can only happen when your marriage was illegal at the time it took place, and, even if that is the case, cannot be done if a child is involved.
So if you married someone under age, or already married to someone else, or there is actual fraud, you'd qualify. Even if you qualify, annulments are more complex than divorces. So odds are, you will actually be doing a divorce.
Annulments and divorces can affect taxes. They also are public records, and almost anyone can research them and find out.
Your step one is to see a lawyer.