An annulment and a divorce are not the same thing.
A divorce, legally called a dissolution of marriage, ends a valid marriage after a court finds that the relationship has broken down and cannot continue. In a divorce, the parties must address all marital issues, such as custody, property division, and spousal support.
An annulment asks the court to void the marriage as if it never existed in the first place because of a legal defect in the validity of the marriage itself. With an annulment, the parties may or may not be able to avoid addressing issues such as custody and property division.
Iowa allows either party to petition for annulment when the marriage’s validity and legality is in doubt. Based on the evidence, the court makes the final decision on whether to annul or affirm the marriage. If the court affirms the marriage, then the parties are legally married and should petition for divorce to move forward their separate ways.
What are the grounds for annulment?
Iowa identifies four circumstances in which a marriage may be annulled:
- The marriage is prohibited by law. For example, certain marriages between close blood relatives are void.
- Either party was impotent and the other party was unaware at the time of marriage
- Either party had a living spouse at the time of the marriage.
- Either party lacked the capacity to consent and enter into the marriage, i.e. a party is underage and without parental consent or a party is under guardianship and the court specifically found they lacked capacity to enter into a valid marriage.
There is a common misconception that a short marriage or a sudden change of heart are sufficient legal grounds for an annulment. If the issue is that the marriage has broken down, not the validity of the marriage itself, divorce may be the route to discuss with your attorney.
How does the process work?
A party files a petition asking the court to decide the marriage’s validity. The court usually sets a hearing where it considers the parties’ evidence and testimony. Based on the evidence and the judge’s findings, the court enters a decree annulling or affirming the marriage.
The legal status of a marriage can affect more than the couple’s relationship, including custody and finances. It is worth identifying the precise grounds and gathering the relevant records before filing because the evidence presented must support the reasons outlined in the petition.
What happens to children and financial issues?
An annulment does not automatically erase the legal status of children and custody issues may still be addressed. Iowa law says that children born to the parties, or to the wife, in a marriage that was terminated or annulled are legitimate to both parties, unless the court orders otherwise based on the evidence.
Financial issues also require attention. If the court finds that one party entered the marriage in good faith believing the other could marry and declares the marriage invalid, it may also award the innocent party compensation. This compensation may liken financial awards in a divorce, like an award of personal property, attorney fees, or accounts. Only the court may grant this remedy under specified conditions – it’s not an automatic right in every annulment.
The takeaway
In Iowa, the court will only grant an annulment of a marriage when there is a legally recognized problem with the marriage’s validity. A party must petition for the annulment and the court must evaluate the evidence and decide whether the marriage is valid or invalid according to Iowa’s laws. Annulments are rare because most marriages are valid and legal when the parties entered it. Even parties who were married for 3 weeks likely need to file for divorce if the marriage was legally valid upon entry.
If you are considering whether annulment or divorce is the correct path forward, Greenberg Law can help assess the alleged grounds, the available evidence, and the potential consequences.
This post provides general information, not legal advice about a particular marriage.