Franklin Annulment Attorney
Many people are confused about the terms “divorce” and “annulment.” Some people use these terms interchangeably, but the truth is that they are different.
A divorce terminates a valid marriage, whereas an annulment ends a marriage that was never valid in the first place. Many couples want to get their marriage annulled because you can technically say you were never married and never divorced. A divorce often comes with a stigma, but not all marriages qualify for annulment. In fact, most do not, as there are strict laws involved. The Franklin Annulment attorneys at Beal, Nations & Crutcher can assess your case and help you understand your options.
Grounds for Annulment
In Tennessee (and other states), you can only get an annulment under certain circumstances. They include the following:
- Underage. In Tennessee, a person can get married at as young as 17 years old with parental consent. If you are younger than that at the time of marriage, you can get your marriage annulled.
- Incest. The spouses are relatives closer than first cousins.
- Bigamy. One of the parties already has a spouse at the time of the marriage.
- Fraud. One party used fraud to get the other person to marry them. The fraud must be essential to the marriage.
- Duress. One party was coerced into marriage.
- Impotence. One party is unable to consummate the marriage through sexual intercourse. The impotence must be permanent and have to have existed before the marriage.
- Insanity. One or both parties did not understand the nature of the marriage or was insane at the time. However, if a spouse later regains sanity and continues to live with their spouse, the marriage won’t be annulled.
- Denial of marital rights. The spouses never lived together or has sexual intercourse.
How to Get an Annulment
Either you or your spouse needs to have lived in Tennessee for at least six months prior to filing for annulment. You will need to file a Complaint for Annulment in the circuit court where you or your spouse currently lives. This document requires several pieces of information, including the full name, address, and date of birth for you and your spouse. If there are any children, you’ll also need to list their names and dates of birth. If you want the court to decide on matters such as property division, alimony, child custody, or child support, you’ll need to state that in the complaint.
Once completed, file the complaint in the circuit court clerk’s office. An extra copy should be served on your spouse. The court will then schedule a hearing to allow you to prove your legal grounds for the annulment of your marriage. If you have successfully proven your case, the judge will grant the annulment by signing the order.
Contact Us Today
Most marriages do not qualify for an annulment. However, if you can prove that your marriage was not valid, then getting an annulment can be an easier process than going through a divorce.
The law firm of Beal, Nations & Crutcher can assess your case and help you understand your options. End your marriage the easiest way. Schedule a consultation today. Call (615) 861-2304.