The Ultimate Guide to Securing an Annulment in Indiana
Published November 21, 2023
If your mind is wandering about getting an annulment of your marriage in Indiana, it is critical to understand everything about it. And you have come to the right place.
We’ll discuss the ultimate guide to securing an annulment in Indiana. We’ll go over what it is, its grounds, how to ensure one, and the filing steps. We’ll also richly discuss what are the effects of an annulment. Let’s get started.
Overview of Marriage Annulment in Indiana
An annulment varies from a divorce. As opposed to ending a valid marriage, an annulment is done as if there was no valid marriage in the first place. An annulment is a legal proceeding that announces a union to be null. Here, a wedding is void. The marriage never legally existed in the first place.
Suppose you have a legal ground that makes your marriage invalid from the start of it. You may be eligible to have your marriage void.
Grounds for Annulment
Numerous grounds can influence a marriage to be eligible for annulment. In Indiana, this is also termed having a void marriage.
A marriage is a candidate for annulment on the following grounds.
- One consort was underage at the time of marriage
- One mate was convinced to marry by fraud
- One spouse was forced to get married
- One spouse did not know the other spouse was already married at the time of marriage (Bigamous marriage)
- One partner was mentally challenged at the time of marriage
- The spouses are more closely linked than second cousins
- The marriage is a common law marriage that exists after January 1, 1958
Some of these scenarios have additional demands for an annulment to be granted.
Suppose one spouse was underaged and failed to get the required parental consent. It is not enough for an annulment. If one spouse isn’t aware the other spouse is underage, the marriage is eligible for it.
If one spouse lied to the other about things not essential to the marriage, like having been married or specific things about their character, that fraud wouldn’t be enough for an annulment. Yet, if one spouse fabricates about still being married at the time of a second marriage, it is adequate for an annulment.
Suppose a spouse continues to live with the other spouse after ruling the fraud. They may no longer be eligible for an annulment.
How Do I Get An Annulment in Indiana?
If you believe one of the above grounds relates to your marriage, you must file a “Petition for Annulment.” It is done in the superior court of the county where you reside. Contact your country court clerk to see if they have a form petition you can utilize.
The spouse filing for the annulment is acknowledged in the petition as the “petitioner. The other spouse is the “respondent.”
The petition for annulment must rule that you and your spouse have been residents of Indiana for at least six months. It would help if you also were a resident of the county you are filing for. It is at least three months.
The petition should also state whether the two of you have children. Suppose you need the other spouse to reimburse the attorney’s fees or provide funds for your living expenses until the annulment is granted. You should state that, too.
You should also appear in court. It is done to explain to the judge why your marriage is annulled. If the judge agrees, they will sign an order granting your annulment. The judge can also sign an order if your spouse doesn’t dispute that the marriage should be void.
If you and your partner agree to the annulment rather than filing for a petition, you may be able to file an “Agreed Annulment.”
Steps to File an Annulment in Indiana
1. File a petition for annulment with the local superior court.
You must go to the court and tell them you want your marriage to end.
2. Serve your spouse with a duplicate of the petition.
When you file for an annulment, you must provide your spouse with a copy of the petition.
3. Attend a hearing before the court.
The family court in Indiana will listen and examine both sides of the parties. They will decide what will happen.
If the annulment is granted, take appropriate steps to dissolve the marriage contract. Do the same for the property acquired during the marriage.
Documents Need for Annulment in Indiana
1. Petition for Annulment
You will need to render a written petition for annulment. It is done with your country’s superior court. The petition must clearly state the reason for dissolution.
2. Marriage Certificate or License
A marriage certificate or license will serve as proof of your marriage.
3. Affidavit of Service
If your spouse is not filing jointly for the annulment, you may need to provide an affidavit of service. It will demonstrate that your partner has been adequately notified about the annulment proceedings.
4. Financial Disclosure Forms
In some cases, you may need to present financial disclosure forms. These may be income and expense statements or asset and debt inventories. These forms aid in ruling financial obligations and dividing assets that may arise from annulment.
5. Additional Supporting Documents
The type of additional supporting documents will anchor on the specific circumstances of your case.
Effect of an Annulment
When an annulment is granted, the parties are treated like the union never existed. They can say that they were never legally bound.
Suppose there is a property that needs to be isolated. The judge who grants your void marriage can also sign an order.
A marriage may still be annulled even if the parties had children during marriage. The court may still acknowledge the children to be legitimate. They can still inherit from either parent. The parents also must financially support the child.
Frequently Asked Questions About Annulment in Indiana
1. What do I need to prepare for an annulment?
The first thing you must prepare is your comprehension of the legal grounds for annulment. Next is seeking legal advice from an attorney. It helps if they specialize in family law or divorce.
2. Does the annulment need a signature?
The requirement for signatures in annulment cases can vary. It will depend on the jurisdiction and specific circumstances. In some cases, both parties may need to agree and sign the annulment documents. In others, only one party may be required for it.
3. Can I remarry after annulment?
Yes, you can remarry after an annulment. Once the marriage has been legally annulled, it is considered void or invalid. It is treated as though it never existed.
4. How long does it take to process an annulment?
The processing time for an annulment has generally become shorter in recent years. The longest process can take approximately 9 to 18 months. Yet some types of cases can be finished in as little as a month.
And now you’re guided on all the intricacies of getting annulment in Indiana. It helps that you are correctly educated and informed in this manner. It is specially if you’re going through the process of it.
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About The Author
I am Tracy Gorman, a seasoned writer with a passion for exploring. What truly excites me is the ability to translate ideas into meaningful articles that assist others.