An annulment and a divorce are not the same thing. In a divorce, a valid marriage is terminated by one or both spouses. An annulment means that the marriage in question was never a valid one to begin with. In Tennessee, you can have your marriage annulled if there is a legal reason that proves your marriage was invalid from the beginning.
Legal Grounds for an Annulment
The following legal grounds can be used to annul a marriage in Tennessee:
- Underage Spouse: One or both spouses were not the legal age to be married
- Incest: Spouses are related
- Bigamy: A spouse has another living husband or wife at the time of marriage
- Insanity: A spouse was mentally unstable or incapable of understanding the nature of marriage
- Duress: A spouse was coerced into the marriage
- Impotence: A spouse is physically unable to have sexual intercourse
- Fraud: One spouse was deceived into the marriage
- Denial of Marital Rights: A spouse refuses to live with the other spouse or have sexual relations during the marriage
If none of the grounds for annulment apply to your case, then you can get a divorce but you cannot get an annulment.
Filing Your Annulment
A “Complaint for Annulment” will need to be filed in the circuit court of the county where either you or your spouse currently live. One spouse must be a resident of Tennessee for at least six months in order to file for the annulment.
The complaint will need to include the following pieces of information:
- Full name, address, and date of birth for each spouse
- The names and dates of birth for any children born during the marriage
- Which party has lived in Tennessee for at least six months
You will also need to state any child custody, visitation, child support, alimony, or property division in the complaint as well. After you file the complaint in the circuit court clerk's office, the court will schedule a hearing where you'll have an opportunity to prove your legal grounds for the annulment.
Need more information about marriage annulment? Contact our Murfreesboro annulment lawyer, or call (615) 796-6299 to get legal assistance today.