An annulment is a legal action in which a petitioner erases the divorce from their record. In most instances, the state of New Hampshire requires petitioners file their request prior to the first anniversary of the marriage. However, in cases where fraud is the grounds, they should file as soon as evidence is discovered.
Lack of Consent
The state of New Hampshire requires all parties under eighteen to acquire parental consent to get married. Consent is granted by the biological parent or legal guardian of one or both parties. To acquire an annulment based on a lack of consent, the petitioner must prove that their parents didn't provide consent for the marriage. Equally, parents could file a request to annull the marriage if they didn't provide consent. Petitioners who wish to file based on this ground should contact divorce lawyers in nh now.
Fraud and Deception
If either party failed to disclose important details or lied, the petitioner could utilize fraud-based grounds to acquire an annulment. Among the probabilities are lies associated with the value of the marital estate, sexual orientation, and pregnancy. Documented evidence of fraud of deception could grant an annulment.
For example, a petitioner could acquire an annulment based on sexual orientation if their spouse lied about their preferences and has engaged in a homosexual relationship. The petitioner would present evidence of the relationship such as photographs, emails, mobile-based messages, and phone call recordings. To achieve an annulment based on fraud, contact divorce lawyer in nh now.
Duress or Severe Threat
One or both parties may file for an annulment based on duress or severe threat. If either party was threatened by their spouse, parents, or individuals outside their marriage, they prove this ground. Forced marriages are illegal. The most common reasons for forced marriages are religious beliefs, cultural customs, and an attempt to control an individual through civil unions. Domestic violence may also play a role in these unlawful marriages.
To achieve an annulment for these grounds, the petitioner must present evidence of these allegations. This evidence could come in the form of testimony if both parties agree to the annulment. However, when this isn't the case, the petitioner must present evidence of threatening communications, domestic violence reports, or materials in which they were blackmailed.
An annulment allows spouses to remove the existence of their marriage from the court's records. After it is granted, the couple isn't required to list the marriage on their records in the future. To review further grounds for an annulment, contact Upton Hatfield to speak to a family law attorney today.