Annulment of Marriage in Tennessee
Getting an annulment of marriage in TN rather than a divorce is difficult and rare, as there are strong restrictions and requirements on annulments. Unlike a divorce, an annulment of marriage in TN is an admission that the marriage never existed as there was no way the two spouses could have mutually consented to the marriage. Note that “mistake“ marriages or marriages that happen on a whim are not eligible for annulment of marriage in Tennessee and the couple will have to be divorced in the conventional sense.
Grounds for the annulment of marriage in TN
Age of consent – the age of consent to marriage in Tennessee is 18, but minors may marry with parental permission. Marriage without this permission constitutes a lack of legal consent on the part of the minor, who cannot be entrusted with the responsibility to be married. There will be a process, in court, to determine if appropriate consent was given and if an annulment of the marriage in Tennessee is necessary.
Bigamy – if either spouse is legally married and that marriage still exists at the time of the second marriage, then then subsequent marriages are annulled, with no further procedure or action on the part of the spouse under annulment of marriage in Tennessee. The may still seek damages and other legal remedies if the bigamous marriage was obtaining through deception and the other spouse gained an undue benefit from the fraudulent marriage.
Mental ability – annulment of marriage in Tennessee takes into consideration the mental state of the spouse at the time of the wedding. If it can be established that the spouse was unable to properly consent to the marriage at the time of the wedding or could not understand the responsibilities of the wedding contract, the marriage can be annulled. The marriage need not be subject to annulments of marriage in Tennessee and this ground for annulment need not apply if the mental condition of the spouse improves and they are then able to understand the marriage contract and live with the spouse.
Fraud – a marriage can be obtained by fraud and subject to annulment of marriage in Tennessee if the other spouse is tricked into thinking a child is theirs, that no other spouses exist or other deception. When and if this can be proven, this is grounds for an annulment of marriage in Tennessee.
Force – coercion into a marital union is not only criminal behavior, and even threats at the time of the marriage ceremony are sufficient to have the annulment of marriage in Tennessee.
Impotence – if either spouse is unable to have children, the impotence was present since the beginning of the marriage and still remains, then this is grounds for annulment of marriage in Tennessee.
Annulment of children and annulment of marriage in TN
Despite the fact that an annulment of marriage in TN eliminates the marriage from the state record, children of that marriage are still subject to child support and custody hearings. This will have to be determined as it would have been in a typical divorce case. Children are not illegitimated due to annulments of marriage in Tennessee and will be considered the rightful heir to the estate of either parent as well as the children from legitimate marriages.
Getting annulments of marriage in Tennessee
Getting annulments of marriage in Tennessee is easier said than done. To being the process of an annulment of marriage in TN, speak with a family attorney. The attorney will brief you on the guidelines for annulments of marriage in Tennessee especially the grounds under which these are granted. Remember that the grounds are limited and annulments of marriage in Tennessee are not the same as divorces, meaning that one cannot use this process to avoid alimony and other obligations. The annulments of marriage in Tennessee attorney will demonstrate the lack of the consent leading up the union, thus establishing the grounds for the annulment of marriage in TN.