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How Long Can You Be Married And Still Get An Annulment (And Why)?

Exact Answer: 72 Hours

Divorce means the end of a relationship. On the other side, an annulment treats a marriage as if it never happened. The two are not interchangeable, and obtaining an annulment is usually more difficult. Although divorce has lost most of its stigma in recent years, some people still consider it to be socially unacceptable.

An annulment is most likely for these people, with divorce as a last choice. Similarly, some people seek an annulment for religious beliefs. The basic fact is that you’re considerably more probable to apply for a divorce than an annulment in today’s society. As a result, the decision of which path to take may be out of your control.

How Long Can You Be Married And Still Get An Annulment? 

TimeDuration
Minimum24 Hours
Maximum72 Hours

Only when the law determines that your wedding was “void” or “voidable” may it be cancelled. It’s critical to evaluate the conditions preceding the marriage in terms of making that conclusion. The terms “void” and “voidable” are not interchangeable. Because it is based on illegal conduct, a void wedding automatically qualifies for an annulment. Legal grounds for annulment may arise in a voidable marriage, but they will not dissolve the marriage unless one of the spouses demands it.

The majority of annulments occur soon after marriage, though there are exceptions. After a specified amount of time has passed, several states will not approve an annulment application. If the wedding occurred within 72 hours of the marriage licence being issued, a judge can give an annulment. There are a couple of exceptions. In under 30 days of the wedding, the annulment application must be filed.

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State rules aren’t usually restricted when it comes to how fast you can receive a divorce after marriage. But keep in mind that divorce laws vary by state, so you’ll need to examine your state’s legislation to see if you’re eligible for a divorce.

The period of time you have when you marry to acquire a civil annulment is determined by a number of circumstances, including where you live, why you want an annulment and your post-marriage conduct. Because these rules differ greatly from one state to the next, it is vital that you examine your state rules to learn what is expected of you.

Why Can You Be Married And Still Get An Annulment For That Long?

An annulment, in contrast to a divorce, signifies that the wedding never lawfully occurred in the first place. Your wedding must be lawfully void or voidable in order to qualify. If your marriage does not fall into one of these classifications, you may have no choice but to divorce.

A void marriage is something that does not occur officially and is illegal in the majority of states. For instance, an incestuous wedding someone who is a blood relative—is regarded null and void. Bigamous or polygamous marriages, in which you or your wife were married to another individual at the time of your marriage, whether or not you were conscious of it, are also prohibited.

Because these weddings were never genuine in the first place, you can normally annul them at any moment as long as both you and your partner are alive. The reasons for annulling a marriage differ from those for obtaining a divorce judgement. An annulment is typically far more difficult to obtain because it is only given in certain conditions. These arguments will be examined in greater depth further down.

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If you and your husband are thinking of getting your marriage annulled, it could be a good idea to talk to a local personal law attorney first to see if it’s even feasible. Furthermore, annulment is not always possible in all circumstances. Additionally, several jurisdictions have such severe rules on when an annulment is allowed that you’ll need to file for divorce instead. An attorney can also assist you with the divorce procedure.

Conclusion

To summarise, an annulment is the declaration of an invalid marriage, whereas a divorce is the termination of a legitimate marriage. An annulment basically signifies that there was a reason why the marriage should not have happened in the first place. As a result, when a wedding is annulled, it’s as if it never happened. 

Another point to keep in mind is that, unlike a divorce, an annulment does not include compensation or property distribution. Furthermore, the annulment must always be started within two years following your wedding. This stipulation is at the heart of the annulment debate. Technically, all annulments are for weddings that lasted less than two years, but the reason is among the specific legitimate basis, not the duration of the marriage.

References

  1. https://link.springer.com/chapter/10.1007/978-3-319-60098-7_2
  2. https://search.proquest.com/openview/830daef969b0bd84c9590d2b1ba735d2/1.pdf?pq-origsite=gscholar&cbl=41153
  3. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/mnlr9&section=42
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