Annulments
Annulments
An annulment allows Amina Rashad & Associates, P.C. to terminate your marriage in a way that legally, said marriage never took place (this does not affect your rights related to child custody and/or child support). However, in order to obtain an annulment your marriage must be one that is either void, or voidable, and therefore, experienced legal representation is necessary.
A void marriage is a marriage which is void, regardless of whether or not the same is solemnized. Examples of void marriages include those which are incestuous or one spouse has a living spouse of a prior marriage. Void marriages are null and void from their inception, and do not require court orders to declare same. However, Amina Rashad & Associates, P.C. can assist you in obtaining a Declaration of Nullity which you may need in the future to prove that your marriage was in fact void, particularly if you remarry and need to initiate an immigration petition for your future spouse.
On the other hand, a voidable marriage does require a court order. Examples of voidable marriages include those where one spouse is under the legal age of consent, is incapable of consenting to marriage due to mental incapacity, is incapable of entering into the married state from physical cause, consented to the marriage under fraud, duress or coercion, or has been incurably mentally ill for a period of at least five (5) years. In the event your spouse does not consent to annul your voidable marriage, a Trial will be required, and it is imperative that you have legal representation to conduct the Trial, introduce evidence and take witness testimony. If you are unsuccessful, your marriage will not be annulled.