Just Found Out Your Spouse Was Never Legally Divorced from a Previous Marriage?  Annulment and Asset Division in PA

Discovering that your spouse’s previous marriage was never legally ended makes an already complex process even messier. In most cases, this is not a case of intentional deception. Instead, it is the result of their divorce case falling between the cracks and never being officially entered. Even if you give your current spouse the benefit of the doubt, an undissolved prior marriage changes the legal framework of ending your current marriage.

The LLF Law Firm Family Law Team has many years of experience handling marriage dissolutions, including cases just like these. Call our Family Law Team today at 888-535-3686 or tell us more about your case online.

Void Marriages Versus Voidable Marriages in Pennsylvania

Under Pennsylvania law, marriages subject to annulment fall into two distinct categories: void and voidable. Voidable means that a marriage can be declared void by a court. Common examples include when a party was intoxicated when they entered into the marriage, or one spouse coerced the other into the marriage. Conversely, an undissolved prior marriage is an enumerated ground for a “void” marriage.

A void marriage means that the union is legally invalid by default. Unless the law specifically says otherwise, courts will generally treat the marriage as though it never happened. As a result, the marriage cannot be “fixed” because a proper marriage was never entered into. Generally, parties can request an annulment from the court to formally declare that the marriage was void from its onset.

How Do You Secure an Annulment in Pennsylvania?

Securing a formal annulment decree in Pennsylvania requires satisfying specific evidentiary standards. The petitioning party must present incontrovertible proof that the previous marriage was legally valid and that no official, finalized divorce decree was entered by any court prior to the subsequent marriage ceremony. The family court requires certified marriage records and a thorough investigation into court dockets to confirm the absence of a dissolution.

How do Pennsylvania Courts Distribute Property in Annulment Cases?

For many individuals, the most pressing concern during an annulment is the protection and division of substantial assets, including real estate portfolios, business valuations, and investment accounts. While an annulment declares the marriage invalid, Pennsylvania law continues to permit equitable distribution, alimony pendente lite, and the awarding of counsel fees in these cases.

However, courts analyze asset division in an annulment differently than in a standard divorce, because a bigamous marriage is void. As a result, the court focuses on untangling each party’s assets rather than dividing them. However, the court still has the legal authority to order an “equitable distribution” of property, which is similar to how it is handled in divorce cases.

The LLF Law Firm Family Law Team is Here to Help

Finding out that your spouse is married to someone else and that you never entered into a legally valid marital union turns even the simplest of divorce cases into a complex legal procedure. Our Family Law Team can help you get through this messy situation and leverage our years of experience to help protect your assets and legally end the relationship.

Do not try to handle your family law battle alone. Call the LLF Law Firm today at 888-535-3686 or contact our experienced team online.