Annulment Attorneys in Dover, DE

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.

 

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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What Our Clients Say

Brian Jenkins
2023-10-05
Mr Catts went above and beyond to handle my complicated case. The level of professionalism is second to none. The staff and Mr. Catts were kind, courteous, and listened to my concerns with compassion. I would recomend this firm to anyone needing legal help. They earned my trust in am amazing way.
Linda Wilson
2023-10-04
Mr Catts and his legal team went above and beyond for me. They never stopped pursuing all avenues to get the compensation that I deserved. The staff was courteous and showed compassion. I felt like they really cared about my injuries. I highly recommend their services to anyone
Tatiana Sida-Amor
2023-09-17
I was recommended to this law office by my doctor after my car accident in the summer of 2021. I ended up working with Mr. Catts. I appreciate how forthcoming and hardworking he was about my case. The office is extremely professional to ensure that I got the best settlement that I could get. The open communication eased my mind and allowed me to handle things I needed to for myself. Definitely recommend them if you want lawyers that give you results.
Kathyjo Mays
2023-09-07
I recommend them highly and have referred them to many of my friends and family. Very informative and def kept me up to date about my case. Schmittinger & Rodriguez def worked very hard for me.
Mary Zober
2023-09-06
The staff is friendly and makes you feel comfortable. The firm worked on getting my settlement and kept me informed every step of the way.
Sharonda goode
2023-08-15
Great experience! Doug Catts, Ryan and Ms. Kaye are awesome to work with. Very professional, friendly & knowledgeable. They are expensive. But get the job done & in a timely manner. I use Mr. Catts for all my legal needs.
Hot Box237
2023-08-15
I will recommend this lawyer to any one, I feel like crying. He is kind, patient and a good listener. He solved your problem and at the end advice you. Thank you very much.
Cheryl Rowe
2023-08-15
Doug is personable...assertive and he will get the job done!
Patsy Ware
2023-08-14
Schmittinger and Rodriquez attorney Doug Catts is the best, I highly recommend him. As an attorney he is forthright, honest, transparent and sincere. Doug Catts and his staff are amazing.

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.

How Do I Get an Annulment?

To officially annul marriages, obtaining a court order is a necessary step. An annulment can be filed by either you or your spouse, provided that either of you has been living in Delaware for the six months preceding the annulment proceedings.

The process of obtaining an annulment starts with the petitioner filing and serving a petition for annulment. If the respondent agrees or fails to respond within 20 days, the annulment will be uncontested and resolved in a shorter amount of time. However, if the respondent contests the allegations in the petition by filing an answer, the annulment process becomes contested and may take longer to resolve.

If you’re thinking about asking for an annulment, it’s a good idea to talk to an experienced family law attorney first. In addition to the custodial and child support issues you’ll face if you have kids, there could be very serious financial ramifications for you when the court divides assets and debts.

If you are the petitioner and you win your case and get an annulment, you should know that your marriage will be deemed invalid from the moment you married, not from the date of the judge’s order. You will be restored to the status of a single person and you can marry again.

How An Annulment Lawyer Can Help You

Navigating the annulment process can be complex and emotionally challenging. A skilled annulment lawyer will have the knowledge and experience to guide you through every step, ensuring that your rights are protected and your best interests are served. Here’s how we can assist you:

  1. Advice and Assessment: We will evaluate your case, assess the grounds for annulment, and determine if you meet the legal requirements for an annulment in Delaware. Our attorneys will provide you with clear and honest advice on the viability of pursuing an annulment.

  2. Document Preparation and Filing: We will handle all the necessary paperwork, ensuring that your annulment petition is accurately prepared and filed within the required timeframe. Our attention to detail will help streamline the process and prevent delays.

  3. Building a Strong Case: Our attorneys will gather evidence, interview witnesses if necessary, and develop a compelling argument to support your annulment claim for dissolution of the marriage. We will work diligently to present a strong case on your behalf.

  4. Negotiation and Settlement: In some cases, it may be possible to reach a mutually acceptable settlement with your spouse.

  5. Court Representation: If your annulment case goes to court, our experienced litigators will represent you effectively, presenting your case persuasively and advocating for your desired outcome. We will be by your side throughout the court proceedings, providing strong legal representation.

  6. Emotional Support: We understand that the annulment process can be emotionally challenging. Our compassionate attorneys will provide you with the support you need, offering guidance and reassurance during this difficult time.

If you are considering an annulment in Delaware, it is crucial to seek the guidance of experienced annulment attorneys who can protect your rights and help you navigate the legal complexities. Our dedicated team is here to assist you, providing personalized advice, strategic representation, and compassionate support. Contact us today to schedule a consultation and learn how we can best assist you with your annulment case.

How Are Child Custody Cases Resolved in Delaware?

Child custody cases in Delaware can be complex and emotionally charged. When parents cannot come to an agreement on child custody and visitation arrangements, the family court will step in to make decisions based on the best interests of the child. Here are the steps involved in resolving custody cases in Delaware:

    1. Mediation: In Delaware, parents are required to participate in mediation before a custody case can go to trial. During mediation, a neutral third-party mediator helps the parents reach a mutually acceptable agreement on custody and visitation.

    2. Custody Evaluation: If mediation is unsuccessful, the court may order a custody evaluation. A custody evaluation typically involves interviews with the parents, children, and other relevant parties, as well as observations of the children with each parent. The evaluator will then make recommendations to the court on custody and visitation arrangements.

    3. Trial: If mediation and a custody evaluation fail to produce a resolution, the case will go to trial. At trial, each parent will present evidence and arguments in support of their desired custody arrangement. The judge will then make a decision based on the best interests of the child.

    4. Modification: Custody arrangements can be modified if there is a significant change in circumstances, such as a parent relocating or a child’s needs changing. The court will again consider the best interests of the child when making modifications to custody arrangements.

It is important to work with experienced family law attorneys when dealing with child custody cases. Our outstanding lawyers can help you navigate the legal process, protect your rights, and work toward a custody arrangement that is in the best interests of your child.

How Are Child Custody Cases Resolved in Delaware?

Child custody cases in Delaware can be complex and emotionally charged. When parents cannot come to an agreement on child custody and visitation arrangements, the family court will step in to make decisions based on the best interests of the child. Here are the steps involved in resolving custody cases in Delaware:

    1. Mediation: In Delaware, parents are required to participate in mediation before a custody case can go to trial. During mediation, a neutral third-party mediator helps the parents reach a mutually acceptable agreement on custody and visitation.

    2. Custody Evaluation: If mediation is unsuccessful, the court may order a custody evaluation. A custody evaluation typically involves interviews with the parents, children, and other relevant parties, as well as observations of the children with each parent. The evaluator will then make recommendations to the court on custody and visitation arrangements.

    3. Trial: If mediation and a custody evaluation fail to produce a resolution, the case will go to trial. At trial, each parent will present evidence and arguments in support of their desired custody arrangement. The judge will then make a decision based on the best interests of the child.

    4. Modification: Custody arrangements can be modified if there is a significant change in circumstances, such as a parent relocating or a child’s needs changing. The court will again consider the best interests of the child when making modifications to custody arrangements.

It is important to work with experienced family law attorneys when dealing with child custody cases. Our outstanding lawyers can help you navigate the legal process, protect your rights, and work toward a custody arrangement that is in the best interests of your child.

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.

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