Is Your Marriage Voidable in Pennsylvania? Here’s What the Law Says

Is your marriage valid? If you’re asking that question, chances are you had a marriage deemed “invalid” under state law. If the marriage happened in Pennsylvania, though, not every invalid marriage is automatically null and void. In some cases, a marriage remains legally valid until one or more parties take legal action to have it annulled.

If you’re questioning the validity of your Pennsylvania marriage, understanding the difference between void and voidable is crucial. That’s where the LLF Law Firm Family Law Team can help. Our team has extensive experience with Pennsylvania family law and can take a look at your situation. Give us a call at 888-535-3686 or complete this confidential contact form.

What Is a Voidable Marriage in Pennsylvania?

Voidable marriage definitions vary from state to state, but in Pennsylvania, a voidable marriage is a union that is considered valid until a court declares otherwise. These marriages typically include circumstances that could have prevented the marriage but didn’t render the marriage void at the time the couple said “I do.”

Common grounds for a voidable marriage in Pennsylvania include:

• At least one party was under the age of 16 and didn’t have the consent of the court or a parent or guardian.
• One or both parties were under the influence of alcohol or drugs. In this case, a petition for annulment must be initiated within 60 days of the ceremony.
• One of the parties is naturally and incurably impotent, but the condition wasn’t known to the other party at the time of marriage.
• One party was forced into marriage by fraud, under duress, or through coercion.

Unlike a void marriage, which is illegal from the outset, a voidable marriage requires legal marriage to be declared invalid. A void marriage would be one where one of the parties is already married or the couple is close relatives.

Seeking an Annulment in Pennsylvania

If your marriage qualifies, an annulment can wipe your union off the map. However, it’s important to understand that in Pennsylvania, annulments are extremely rare. You’ll need to qualify and take legal action to get the annulment, and the court will need to view the marriage as voidable. Otherwise, you’ll have to initiate divorce proceedings to exit the marriage.

Before seeking an annulment, it’s important to have a thorough understanding of the legal process involved. The LLF Law Firm Team can guide you through each phase of getting an annulment, helping you know what to expect.

Timing Your Annulment Request

When it comes to filing for an annulment, timing is everything. In many cases, if you continued to live with your spouse after discovering the issue, your chances decrease. The court will see your marriage as ratified at that point, which means annulment is no longer an option.

Timing is especially crucial in the case of an underage spouse. If the couple continues to live together beyond the spouse reaching age 18, the court may see the marriage as ratified. Our team can take a look at your case and ensure you’re filing at the right time.

The LLF Law Firm Team Has Answers

The LLF Law Firm Family Law Team has experience helping with annulment in Pennsylvania. We can help you evaluate all your legal options and choose the best route to fit your situation. Give us a call today at 888-535-3686 or get in touch by completing this contact form.