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Dover Annulment Attorneys

Know Your Rights to Have A Marriage Annulled

Annulment is a legal process that declares a marriage null and void as if it never existed. While the divorce process ends a valid marriage, annulment deems the marriage void and invalid from its inception.

Annulments are granted under specific circumstances defined by the law. If you are considering an annulment in Delaware, our experienced annulment attorneys are here to guide you through the process, ensuring your rights are protected and your interests are represented.

At Schmittinger & Rodriguez, our family law attorneys have decades of experience with the divorce process, annulment process, and annulment proceedings. If your marriage is invalid by law or you believe you are entitled to have it annulled, contact us immediately. There are strict time limits to file a case and prove your marriage should be annulled.

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Understanding Annulment in
Delaware

Annulment laws vary from state to state, and Delaware has its own set of regulations regarding marriages and annulments. In Delaware, annulments are granted based on specific grounds defined by the law.

These grounds include:

  1. Fraud or Misrepresentation

    If one of the spouses deceived the other to enter into the marriage, such as hiding a previous marriage, concealing important facts, or misrepresenting personal characteristics by one party is ground to have the marriage annulled.

  2. Bigamy

    When one spouse is already legally married to another person at the time of the marriage is challenged.

  3. Incest

    If the spouses are closely related or blood relatives, such as siblings, parent-child, or grandparent-grandchild relationships.

  4. Mental Incapacity

    When one or both spouses lack the mental capacity to consent to the marriage due to mental illness, intoxication, or other factors that made them incapable of giving consent to marry.

  5. Underage Marriage

    If one or both spouses were under the legal age of consent at the time the marriage occurred.

  6. Duress

    It is possible that one or both partners may have entered into the marriage under extreme coercion or force, leading to a situation where they were not willing participants.

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Contact Schmittinger & Rodriguez

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to deal with a family law matter. It can be traumatic and emotionally charged.

Our team has decades of combined experience handling family law issues. We have a deep understanding of Delaware law and will provide dedicated legal representation throughout your case. Our experienced attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has a family law matter, contact Schmittinger & Rodriguez today and let us help you through this difficult time. We will work hard to get you the justice, security, and peace of mind that you deserve.

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Statute of Limitations

The statute of limitations is the period of time set by state law by which you must take your action in court. To obtain a marriage annulment, there are different time deadlines depending on the facts of your case.

  1. Mental incapacity or intoxication: You must file no later than 90 days after you learn about the incapacity or intoxication.

  2. Your spouse is physically incapable of engaging in sexual relations: You must file for annulment no later than one year after learning about the medical condition.

  3. You were underage at the time of the marriage: The annulment action must be brought by the underage party and the party’s parent or guardian no later than one year after the date of the marriage.

  4. The other spouse perpetrated a fraud or misrepresentation: You must file for an annulment within 90 days of the date you learned about the fraud or misrepresentation.

  5. Entered into a marriage because you were under duress: You must file for annulment within 90 days of the date you learned about the duress.

  6. Your marriage was the result of a joke or a dare: You must file within 90 days of the date you learned about the jest or dare.

  7. Your marriage is bigamous, polygamous, or incestuous: You may file at any time before the death of the other party.

Why Schmittinger & Rodriguez
Is Right For You

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to deal with a family law matter. It can be traumatic and emotionally charged.

Our team has decades of combined experience handling family law issues. We have a deep understanding of Delaware law and will provide dedicated legal representation throughout your case. Our experienced attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has a family law matter, contact Schmittinger & Rodriguez today and let us help you through this difficult time. We will work hard to get you the justice, security, and peace of mind that you deserve.

Family & Domestic FAQs

Do I need to prove fault to obtain an annulment?

In an annulment case, the focus is on proving the specific grounds for annulment as defined by Delaware law, rather than assigning fault. However, evidence and supporting documentation may be necessary to substantiate your claim.

Will I still have to go through the property division and support issues with an annulment?

Yes, even though an annulment declares the marriage void, property and support issues may still need to be addressed. The court will determine a fair resolution based on the specific circumstances of your case

How long does the annulment process take in Delaware?

 

The duration of the annulment process can vary depending on the complexity of the case, court schedules, and other factors. It is best to consult with an experienced annulment attorney to get an estimate based on the specifics of your situation.