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Pennsylvania Annulment

Depending on the circumstances surrounding the marriage, some couples may be able to petition for an annulment. In a Pennsylvania annulment, it's as if the marriage never existed because it wasn't a legal marriage, according to Pennsylvania law. Either party is able to bring an action for annulment in Pennsylvania. An alleged marriage will be automatically void and will be annulled when:

  • One party to the marriage had already entered into an existing marriage that hadn't ended by divorce or annulment
  • The spouses are related to the degree defined by Pennsylvania law
  • One spouse lacked the capacity to consent to the marriage
  • One party was under 18 at the time of the marriage

A marriage that is voidable, may be annulled if:

  • Either spouse was under 16 - unless the marriage was authorized by the court
  • One of the parties was 16 or 17, lacked consent by a parent or guardian to marry and hasn't subsequently ratified the marriage once reaching 18 - action for annulment must be brought within 60 days of the marriage ceremony
  • Either spouse was under the influence of drugs or alcohol at the time of the marriage - action for annulment must be brought within 60 days of the marriage ceremony
  • One party was naturally and incurably impotent at the time of the marriage and still is, unless the condition was known to the other party at the time of the marriage
  • One spouse was induced to enter into the marriage through fraud, duress, coercion or force, and there hasn't been subsequent voluntary cohabitation upon learning of the situation

The information above is not legal advice on how to handle your case, so learn more about whether your marriage is considered invalid by the Pennsylvania divorce courts by speaking with a local Pennsylvania divorce attorney. Find a Pennsylvania divorce lawyer near you by calling 877-349-1310 or filling out a Pennsylvania divorce case review form.

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The above synopsis of Pennsylvania divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Pennsylvania divorce lawyer in your area.

Pennsylvania divorce laws were last updated April 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.