This is a sample motion to declare a marriage void ab initio and seeking a judgment of annulment.
Alabama Motion to Declare Marriage Void Ab Initio and Judgment of Annulment
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Description Annulment In Alabama
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Annulment Form FAQ
In general, a marriage void ab initio is one where 1) one spouse was bigamous or polygamous at the time of the marriage in question; or 2) the parties are related to "a degree of affinity prohibited by law, i.e., ancestors (parents, grandparents of any degree), descendants (children, grandchildren of any degree),
If marriage is essentially a contract, the difference between an annulment and a divorce is the difference between declaring the contract nullbecause, say, it was signed under conditions of duress or fraudand terminating it. In the case of marriage, declaring the contract null is a far more difficult proposition.
The term void ab initio, which means "to be treated as invalid from the outset," comes from adding the Latin phrase ab initio (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ab initio.
In the state of Alabama, annulments are only permitted in a handful of different situations. This is because an annulment doesn't technically end a marriage, but rather declares that the marriage never existed in the first place. It states that what appeared to be a marriage was null due to one or more reasons.
Grounds for annulment The Court may only annul the marriage on the following grounds: One of the parties was still validly married to someone else at the time of the marriage.One or both of the parties was not old enough to marry. One of the parties did not give their real consent to the marriage.
Grounds for an Annulment in Alabama Other examples of marriages that can normally be annulled are those involving an underage spouse; marriages where one spouse has concealed a sexually transmitted disease; and marriages where one spouse has been forced, through duress (physical or emotional compulsion) to marry.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is "one that is void and invalid from its beginning.Such a marriage is voidable, meaning that it is subject to cancellation through annulment if contested in court.
There is no limit on the number of times a person can get married, as long as the person is only married to one person at a time. The person would have to divorce the prior spouse before getting a valid marriage to another person.
In California, the time limit differs depending on the situation. If you base your annulment on physical incapacity, age, or force, you have four years to file. If a marriage is invalid due to fraud, you have four years from the time you discover the fraud.