Both a divorce and an annulment end a marriage. The primary difference between a divorce and an annulment has to do with the reason the marriage is being dissolved. In the District of Columbia, there is no need to prove fault to obtain a divorce. As long as one of the spouses have been a bona fide resident of the District of Columbia for the preceding six months before filing for divorce and the required separation period and conditions have been met, a divorce may be granted.
To obtain an annulment in the District of Columbia, the marriage must either be void or voidable. A void marriage is not a legally binding marriage at all and cannot ever be legally recognized. There is no need to obtain a court decree in this case but a court does have the authority to issue a decree that the marriage was null and void from the date of the marriage.
There are two instances when marriage is void ab initio (from the beginning) in the District of Columbia. The first is when one or both of the spouses were still legally married when they attempted to marry each other. The only exception to this is if one of the spouses to the new marriage was entitled to an annulment and entered a second marriage during the appeal period of the annulment process. The second marriage operates to end the appeal period of the annulment from the first marriage and is legally binding.
The second instance when marriage is void ab initio is when there is a marriage to someone the law prohibits a person to marry due to being a relative (prohibited degrees of consanguinity). D.C. Code § 46-401(2A)
Voidable marriages may be ended by annulment as of the date of the decree, not from the date of the marriage, if the reason the marriage is voidable is acted upon in a timely manner. If the reason the marriage is voidable is not acted upon in a timely manner, it is not eligible for an annulment. It is within the court’s discretion to award the annulment or not. The reason is that a voidable marriage has a degree of validity.
There are three reasons a marriage may be voidable in the District of Columbia. Lack of mental capacity to marry is one. An annulment may be granted after discovery of the lack of mental capacity unless there was voluntary cohabitation after the discovery of the mental incapacity or unless one of the spouses died before the suit for annulment was begun.
Force or fraud is a second reason for a voidable marriage. Only the innocent spouse may bring suit for annulment. Infertility is not a cause for annulment but concealment of a pregnancy has been found to be sufficient. Failure to disclose deeply held religious views has also been sufficient.
Marriage while under the age of consent (16 years old in the District of Columbia) is a third reason for a voidable marriage. An annulment cannot be granted if there is voluntary cohabitation after the age of consent.
The wrongdoer cannot avail themselves of the remedy of annulment from a marriage they no longer want. If someone knowingly and willfully marries another who is under age or mentally incapacitated, or induces a marriage by force or fraud, they cannot dissolve the marriage by obtaining an annulment. Only the innocent party may obtain the annulment.
In an action for an annulment, all of the other issues of dissolving a marriage must be addressed as they are in a divorce situation. These issues may include the distribution of property, child custody, child support, etc. You should call my office if you are thinking about ending your marriage by annulment or divorce.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com
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