Brentwood Annulment Attorney
Not all couples who wish to end their marriages are required to go through a divorce. Some spouses, for instance, qualify for annulment, which is different from divorce, in that the latter terminates a valid marriage, while annulment asserts that a union was never legally binding to begin with. For help determining whether you could be eligible for an annulment, please reach out to our dedicated Brentwood annulment lawyers today.
Grounds for Annulment
In Tennessee, couples can only get an annulment in certain situations, namely when:
- One of the parties was incapacitated, or unable to understand the nature of the union;
- One or both of the parties was under the age of 16 years old;
- The parties are related by blood;
- One of the parties already had a living husband or wife at the time of the marriage;
- One of the parties was coerced into the marriage;
- One of the spouses defrauded the other into getting married;
- One of the parties is physically incapable of consummating the marriage;
- One of the spouses refuses to live with the other, or to consummate the marriage; or
- The marriage was entered into in order to gain citizenship or to evade U.S. immigration laws.
There are also exceptions to some of these grounds for annulment. For instance, even if an individual is under the age of 16 years old, a marriage could still be considered legal if he or she had permission from a circuit court judge prior to the ceremony. Similarly, if one spouse was incompetent at the time of the marriage, but becomes competent during the marriage and continues to cohabitate with the other party, the marriage cannot be annulled. For a union to be annulled because of impotence, the condition must be permanent and must have existed before the marriage took place. All of these exceptions can quickly become overwhelming, making it especially important for those who think their marriage is invalid, to speak with an attorney in-depth about the grounds for annulment.
Obtaining an Annulment
To annul a marriage in Tennessee, a couple must file a Complaint for Annulment in the circuit court of the county where at least one of the parties lives. This complaint must be submitted to the circuit court clerk’s office, as well as sent to the other spouse, after which, the court will schedule a hearing. At this hearing, the petitioner will need to prove the legal grounds for annulment and can use evidence and witness testimony to do so. If granted, an annulment asserts that a couple never had a valid marriage.
Do You Qualify for an Annulment?
Couples who have their marriage annulled are often required to contend with the same issues as divorcing spouses. For help, feel free to reach out to the experienced Brentwood annulment lawyers at Beal, Nations & Crutcher today. A member of our legal team is standing by to address your questions and concerns, so don’t hesitate to call our office at 615-861-2304 to learn more.