Is Your Marriage Null And Void?

Between partners who are legally married and those who wish to be divorced, there is the category of a marriage that is null and void. This means that notwithstanding the marriage ceremony, the parties entered into the marriage but they are not legally married and there may be grounds for annulment. This can be for a number of reasons such as lack of consent, incestuous marriages, bigamous marriages, or an underage party, to name a few. When this takes place one of the spouses through family law attorneys can file for an annulment with the court.

At Schmittinger and Rodriguez, we have been practicing family law and divorce law for decades. As part of that practice, we have also filed for annulment proceedings to make a marriage void under the law. While this is not a divorce, a civil annulment can nonetheless be an emotional experience. Our goal is to work with our client and the other party to have the marriage annulled with the least drama so each party can move on with their life in peace.

What Is An Annulment?

In Delaware, an annulment is a legally intricate process that requires a strong understanding of family and divorce law. An annulment in Delaware is a legal process that declares a marriage null and void as if it never legally existed. Unlike a divorce, which ends a valid marriage, an annulment erases the marriage from a legal standpoint. In essence, an annulment treats the marriage as if it never occurred.

As experienced family and divorce lawyers, we understand that each annulment process is unique, and the evidence required may vary accordingly. We work closely with our clients, gathering all relevant information and supporting documentation to build a compelling case in court. Our attention to detail, combined with our extensive knowledge of Delaware’s legal system, positions us to provide our clients with the best possible chance of obtaining a successful annulment.

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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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Brian Jenkins
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.
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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
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.
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Patsy Ware
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What Are The Grounds For Annulment?

To obtain an annulment in Delaware, specific legal grounds must be met, and the court must grant the annulment based on one or more of the following grounds:

  1. Bigamy:

    One party was already married to another person at the time of the marriage, making the subsequent marriage void.

  2. Impotence:

    One party was physically unable to consummate the marriage at the time of the wedding, and the other party was unaware of this fact.

  3. Incest:

    The parties are blood relatives making the marriage illegal and void.

  4. Underage Marriage:

    One or both parties were underage (below the legal age of consent) at the time of the marriage without appropriate parental or court consent.

  5. Mental Incapacity:

    One party lacked the mental capacity (was of unsound mind) to consent to the marriage due to mental illness or other reasons, and the other party was unaware of this fact.

  6. Fraud or Duress:

    The marriage was obtained through fraud, misrepresentation, or force, and one party was deceived or coerced into marrying.

It is essential to note that annulments are not granted solely on the basis of a short marriage or irreconcilable differences, as in the case of a divorce. The legal grounds for annulment must be established and proven to the court.

If you are considering an annulment in Delaware, it is advisable to consult with an experienced family law attorney who can guide you through the process, explain the eligibility requirements, and help you understand the potential legal implications of seeking an annulment.

What Are The Legal Steps To Obtain An Annulment?

Obtaining an annulment in Delaware involves several legal steps, and the process can be complex. Here is an overview of the typical legal steps required to obtain an annulment in Delaware:

  1. Consultation with an Attorney: The first step is to consult with an experienced annulment lawyer who can assess your case and determine if you have valid grounds for an annulment. An attorney can guide you through the process and help you understand your rights and options.

  2. Establish Valid Grounds for Annulment: To obtain an annulment in Delaware, you must prove one or more of the legal grounds recognized by the state. These grounds may include bigamy, impotence, incest, underage marriage, mental incapacity, or fraud/duress at the time of the marriage.

  3. Filing the Petition: Once you and your attorney have identified the appropriate grounds, the next step is to file a petition for annulment in the Family Court of the county where either you or your spouse currently resides. The petition will outline the reasons why the marriage should be annulled.

  4. Service of Process: After filing the petition, you must serve a copy of the annulment papers to your spouse (the respondent) according to Delaware’s service of process rules. This ensures that your spouse is officially notified of the annulment proceedings.

  5. Response from the Respondent: The respondent has a certain period to respond to the annulment petition. If the respondent agrees to the annulment and the grounds presented, the process may proceed more smoothly. However, if the respondent contests the annulment or disagrees with the grounds, a hearing may be necessary.

  6. Discovery and Evidence Gathering: During the annulment process, both parties may engage in discovery, where they exchange information and evidence relevant to the case. This can include financial records, witness statements, and other documentation to support the grounds for annulment.

  7. Negotiations and Mediation: In some cases, negotiations or mediation may be conducted to resolve any outstanding issues, such as property division or spousal support. If the parties reach an agreement, it can be presented to the court for approval.

  8. Annulment Hearing: If the annulment is contested or if the court deems it necessary, a hearing will be scheduled. During the hearing, both parties will have the opportunity to present their evidence and arguments to the court.

  9. Annulment Order: After reviewing the evidence and considering the arguments presented, the court will make a decision on whether to grant the annulment. If the annulment is approved, the court will issue an annulment order, declaring the marriage null and void.

Each annulment case is unique, and the timeline and specific steps may vary based on the circumstances involved. Consulting with an attorney experienced in family law and annulments can help ensure that the process is navigated effectively and that your rights and interests are protected throughout.


The Benefits of Hiring an Experienced Annulment Lawyer

Hiring an experienced Delaware annulment lawyer offers several key advantages to individuals who are seeking a marriage annulment. We understand Delaware’s laws on civil annulments, the many legal issues, and potential challenges that may arise. An experienced legal representative can help you navigate the annulment process, provide advice on the best course of action, and represent your interests throughout. Additionally, we are familiar with local court procedures and filing deadlines, so your case will be handled correctly the first time.

Why Schmittinger & Rodriguez
Is Right For You

We understand how difficult and stressful annulment cases can be. Our experienced family court lawyers know what it takes to file for an annulment, litigate on your behalf during an annulment proceeding, and how an annulled marriage may impact you in the future.

We will provide you with personalized attention and will work hard to get you the best possible outcome for your case. If you or someone you love has an issue with their marital status and believes it is a voidable marriage under Delaware law, contact Schmittinger & Rodriguez today for a consultation so that we can help you understand the process and ramifications of void marriages. YOUR CASE. OUR PRIORITY.

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