Legal Question in Family Law in Pennsylvania

I got married at 16 in 2004 in pa and we separated that same year I haven't heard our talked to him since then. I wanted to know how hard it would be to get an annulment by use of a non lawyer and the steps I would have to take.

Asked on 6/30/13, 9:17 am

1 Answer from Attorneys

Not now. Why not just get a divorce? You waited this long. I would talk with a family law attorney in your area. See the statutes below - void marriages are prohibited from the get go. Voidable marriages are those which can be annulled but which are not necessarily invalid. You had a voidable marriage which could have been annulled back when you were under 18. Now you are an adult so the time for voiding it based on your minority is over.

23 Pa.C.S.A. 3303

(a) General rule.--In all cases where a supposed or alleged marriage has been contracted which is void or voidable under this title or under applicable law, either party to the supposed or alleged marriage may bring an action in annulment to have it declared void in accordance with the procedures provided by this part and prescribed by general rules.

(b) Common-law marriage.--In the case of a purported common-law marriage where a party was under 18 years of age, a parent or guardian of the minor may bring a declaratory judgment proceeding during the party's minority to have the marriage declared void.

23 Pa.C.S.A. 3305

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 23 Pa.C.S.A. Domestic Relations (Refs & Annos)

Part IV. Divorce

Chapter 33. Dissolution of Marital Status

Subchapter A. General Provisions

3305. Grounds for annulment of voidable marriages

(a) General rule.--The marriage of a person shall be deemed voidable and subject to annulment in the following cases:

(1) Where either party to the marriage was under 16 years of age unless the marriage was expressly authorized by the court.

(2) Where either party was 16 or 17 years of age and lacked the consent of parent or guardian or express authorization of the court and has not subsequently ratified the marriage upon reaching 18 years of age and an action for annulment is commenced within 60 days after the marriage ceremony.

(3) Where either party to the marriage was under the influence of alcohol or drugs and an action for annulment is commenced within 60 days after the marriage ceremony.

(4) Where either party to the marriage was at the time of the marriage and still is naturally and incurably impotent unless the condition was known to the other party prior to the marriage.

(5) Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.

(b) Status of voidable marriage.--In all cases of marriages which are voidable, either party to the marriage may seek and obtain an annulment of the marriage but, until a decree of annulment is obtained from a court of competent jurisdiction, the marriage shall be valid. The validity of a voidable marriage shall not be subject to attack or question by any person if it is subsequently confirmed by the parties to the marriage or if either party has died.

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Answered on 7/09/13, 11:41 pm

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