There are a few reasons why a married couple in Wisconsin might want to consider an annulment instead of divorce. An annulment is a legal procedure that effectively voids a marriage, as if it never happened, while divorce is a legal process that ends a marriage but does not render it invalid. After an annulment, the spouses can say they were never married to one another.

To have a marriage annulled, one of the spouses must prove to a judge that the marriage was never legally valid. This involves a complex court process that includes the need for evidence, witnesses, paperwork, and more. The annulment process may also include the need for child custody, placement, and alimony decisions. If you’re looking to have your marriage annulled, you should consult with an experienced Milwaukee divorce attorney like Odalo Ohiku of The Ohiku Law Offices.

Reasons for Annulment

There are a number of reasons why a marriage might not be legally valid and qualify for annulment, including:

Underage: One or both spouses were under 18 years old at the time of the marriage. In Wisconsin, the legal age of consent is 18, but a person can get married at 16 or 17 with parental permission, or at an age younger than 16 with the permission of both a court and a parent. In order to annul a marriage based on underage, the spouse must still be under the age of 18 when the annulment is filed. A parent can file for annulment on behalf of a child in this case.

Incest: In Wisconsin, marriage is illegal between persons who are closer than second cousins. A marriage between close relatives will be considered invalid.

Force or Duress: A marriage can be annulled if one spouse was forced or threatened to get married and this force or threat was present on the day of the marriage.

Bigamy: Annulment can be granted if one or both spouses were already/are currently married to someone else. Current marriage to someone else would render a second marriage invalid.

Mental Incapacity: Annulment is possible if one or both spouses were mentally incapacitated at the time of the marriage and was not able to consent to the marriage in sound mind. For this reason to be considered, the annulment must be filed within one year of discovery of the mental incapacity.

Fraud or Coercion: Annulment can be considered if the marriage was based on a lie or falsification by one spouse that was unknown to the other at the time of marriage. Fraud will only be considered as a reason for annulment if the marriage would not have happened if both spouses had all the information up front.

Impotence: Annulment may be considered if sexual intercourse is not possible because of impotence of one or both spouses. Impotence will only be considered cause for annulment if the other spouse did not know about the impotence at the time of marriage.

It’s important to note that a judge must make the final determination as to whether a marriage can be annulled. If you are considering an annulment, you should speak with an experienced Milwaukee divorce lawyer to discuss your specific case and whether or not you have grounds for an annulment.

Legal vs. Religious Annulment

Legal and religious annulment both render a  marriage invalid, but they are granted for different reasons. A religious annulment is a declaration from a church or other religious authority that a marriage was never valid. This is often based on personal beliefs about divorce and remarriage, and does not have any legal bearing.

A legal annulment is a court-granted decree that states a marriage was never valid to begin with. This is granted for the specific reasons listed above. A divorce ends a legally valid marriage, while an annulment erases it as if it never happened.

If you think you might be eligible for an annulment, contact Odalo Ohiku, an experienced divorce attorney in Milwaukee, to discuss your case.

How to File for Annulment

If you believe your marriage is invalid and want to seek an annulment, the first step is to speak with an experienced divorce lawyer to get a better understanding of your specific situation and the options available to you.

Your divorce lawyer will help you file for annulment in court by preparing all the necessary paperwork and gathering evidence to support your case. You may need to appear in court for a hearing, so  it is important to have an attorney by your side who can help you navigate the legal process.

If you are granted an annulment, it will be as if the marriage never happened and you will be able to move on with your life.

Odalo Ohiku is a divorce attorney in Milwaukee, WI who has helped many clients through the annulment process. If you are considering an annulment, contact The Ohiku Law Offices today.