Annulment of marriage

[Mangetout]

I think one of the grounds for (or qualifications) for annulment of marriage is non-consummation, but I’m given to understand that in at least a few of today’s relationships, bodily union has taken place before the ceremony of marriage.

Can a marriage be annulled in cases like this (assuming that no further carnal relations have taken place since the vows were made)?

[Philster]

Yes…sort of. In a Catholic marriage, not having sex would be one of the conditions, probably with others, that would be considered when a annulment is requested.

As far as I know, if one party denies things that are essential to the marriage (sex to reproduce) that would be given consideration in an annulment request.

Anything that makes the marriage contract take place under false pretenses is a big factor.

[Kat]

This article at WORLDLawDirect lists some grounds for (civil) annulment:

Grounds for annulment vary slightly from state to state. Generally, they may be obtained for one of the following reasons:

• misrepresentation or fraud-- for example, a spouse lied about the capacity to have children, stated that she had reached the age of consent or failed to say that she was still married to someone else
• concealment – for example, concealing an addiction to alcohol or drugs, conviction of a felony, children from a prior relationship, a sexually transmitted disease or impotency
• refusal or inability to consummate the marriage-- that is, refusal or inability of a spouse to have sexual intercourse with the other spouse, or
• misunderstanding-- for example, one person wanted children and the other did not.

Non-consummation is obviously not required, as “When a long-term marriage is annulled, however, most states have provisions for dividing property and debts, as well as determining custody, visitation, child support and alimony. Children of an annulled marriage are not considered illegitimate.”

This article from the Archdiocese of Boston discusses Catholic annulment. It doesn’t have a simple list of grounds, but it might be helpful.

ON MARRIAGE AND ANNULMENTS IN THE ROMAN CATHOLIC CHURCH also discusses the process of Catholic annulment, it’s much shorter and it has a section titled SOME ACTUAL CASES that is too long to quote, but seems to be essentially at least a partial list of grounds.

[Essured]

Just out of interest, does this mean that you can’t divorce without a reason ? Do you have to specify why you no longer wish to remain married ?

I don’t know much about this side of American law, and would be interested in an answer if their are any Dopers out there informed in this area. Thanks

[tomndebb]

Divorce and annulment are not the same.

Divorce declares that a valid marriage has ended.
Annulment declares that the marriage was never valid.

Up until the 1960s, divorce in (nearly?) all states in the U.S. required a reason. “Mental cruelty” became a favorite claim when couples simply wanted to divorce without claiming that either had been unfaithful or had physically beaten the other. Eventually, a number of states enacted “no fault” divorce proceedings where the couple could declare that they were divorcing for “irreconcilable differences” and neither got a “bad mark” on the court record. I think that nearly all of the states now have this rule, but I keep hearing rumors that some states have not adopted the “no fault” option.