An annulment is the proper procedure for dissolving a void or voidable marriage. A marriage is void, and will be annulled if it is established that at the time of the marriage, one of the following impediments existed (23 Pa. CSA 3304):

Bigamy - either party was already married to a living spouse from whom he/she was not legally divorced or annulled;

Non-age - either party to a common law marriage was under 18;

Consanguinity - the spouses were within the prohibited degrees of consanguinity; or

Mental Incapacity - either party lacked the mental capacity to consent to marriage.

Where the marriage is void, it is as though the marriage never existed.

A marriage is voidable and will be annulled if it is established that at the time of the marriage, one of the following impediments existed(23 Pa. C.S.A. 3305):

Non-age - either party was:

under 16 and did not receive judicial permission; or

between the ages of 16 and 18 and did not obtain parental consent.

Intoxication - either party was under the influence of alcohol or drugs which impeded his or her ability to consent and the annulment action is commenced within 60 days of the marriage;

Impotence - one party was incapable of consummating the marriage, due to physical or psychological factors, unless the impotence was known to the other party prior to the marriage;

Fraud and duress - either party obtained the other's consent to the marriage by fraud, duress, coercion or other forcible means.

If you have a family law issue such as Annulment, our firm handles these types of cases on a daily basis. Call Attorney Artim at (412) 823-8003 to schedule your initial appointment. If you prefer, send an email to Attorney Greg Artim