Annulment of Marriage in Indiana

How does one get an annulment of marriage in Indiana?

An annulment is a legal procedure that invalidates a legal contract as if it never existed. This is separate from a divorce and will have different standards and procedures as well as legal ramifications. Note that getting an annulment will be the equivalent of the marriage never existing in the first place, hence the specific grounds and high standards to get an annulment of marriage in Indiana.

What is the meaning on an annulment of marriage in Indiana?

An annulment will be a statement from the court that declares the marriage invalid, therefore never existing and also having no further obligations between the two. This is different form a divorce, which might have obligations for spousal support and division of marital property. Note that children of the annulled union are still subject to child custody and support laws and as such will have further obligations between the former spouses.

Annulment of marriage in IN

What are annulment of marriage in Indiana?

Unlike dissolution, annulment of marriage in Indiana are the process to have a marriage completely erased from the legal record. This means that for an annulment of marriage in IN, there must be a defect in the marriage that would have stopped the marriage from proceeding in the first place. Annulment of marriage in Indiana have different standards to qualify as eligible and note that annulment of marriage in Indiana will qualify as the marriage never existing in the first place. In order to get an annulment of marriage in IN, your marriage must meet one of a few limited criteria.

What is the difference between divorce and annulment of marriage in Indiana?

Annulment of marriage in Indiana obliterate the marriage record. It never existed and only children from the annulled marriage retain any sort of legal rights and obligations. All other arrangements and obligations, including spousal support are obliterated. All property under the annulment of marriage in IN is divided accordingly. The notable difference between divorce and annulment of marriage in Indiana is the lack of further obligation between the two spouses and the removal of the legal record

What are the grounds for annulment of marriage in IN?

The key element in all annulment of marriage in Indiana is the lack of either party to be in the proper frame of mind to consent for marriage. When this lack of consent is proven, then there will be an annulment of marriage in IN. The grounds for annulment of marriage in Indiana include:

- Not being the age of consent for marriage and no parental permission

- Lack of mental maturity to consent to marriage (youth, old age, mental disability)

- Fraud (marriage for the purposes of a crime against the spouse)

- Emotional trauma (unsound mind)

- Incest (must be no more related than second cousin)

Other grounds for annulment of marriage in Indiana include bigamy, marriage in other states to avoid an automatic annulment of marriage in IN and same sex marriages.

How do I read the annulment of marriage in Indiana law?

The annulment of marriage in Indiana law are located in the Indiana Code 31-11-8. There you will find a delineation of grounds for an annulment of marriage in IN and further explanation of which marriages will be void. Same sex marriages are outlawed in IC 31-11-1-1. Since the state does not recognize out of state same sex marriage, no annulment of marriage in IN in needed for these couples.

What is the age of consent to avoid automatic annulment of marriage in IN?

The age of consent for marriage is 18 and 17 year olds are married under limited circumstances. If there is already a child between the prospective spouses, they may be married as young as 15, though went parental permission and judicial scrutiny.