How do I get my marriage annulled if it was an abuse of spiritual authority?
Full Question:
I recently seperated from my husband. I have been meeting with a counselor. She asked me about why we were married so fast and about the circumstances surrounding my marriage. We realized it was abuse of spiritual authority. I looked up the reasons for an annulment in Pennsylvania and what happened to me would go under undue influence. Where do I go from here.
10/05/2007 |
Category: Divorce ยป Annulment |
State: Pennsylvania |
#9716
Answer:
The applicable Pennsylvania statutes are as follows:
23 Pa.C.S.A. § 3303. Annulment of void and voidable marriages
(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. § 3304. Grounds for annulment of void marriages
(a) General rule. — Where there has been no confirmation by
cohabitation following the removal of an impediment, the supposed
or alleged marriage of a person shall be deemed void in the
following cases:
(1) Where either party at the time of such marriage had an
existing spouse and the former marriage had not been annulled
nor had there been a divorce except where that party had
obtained a decree of presumed death of the former spouse.
(2) Where the parties to such marriage are related within
the degrees of consanguinity prohibited by section 1304(e)
(relating to restrictions on issuance of license).
(3) Where either party to such marriage was incapable of
consenting by reason of insanity or serious mental disorder
or otherwise lacked capacity to consent or did not intend to
consent to the marriage.
(4) Where either party to a purported common-law marriage
was under 18 years of age.
(b) Procedures. — In all cases of marriages which are void,
the marriage may be annulled as set forth in section 3303
(relating to annulment of void and voidable marriages) or its
invalidity may be declared in any collateral proceeding.
23 Pa.C.S.A. § 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.