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I Want an Annulment

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photo credit: Idea go

I have heard those words more times than I can count. An annulment sounds like a magical antidote to your divorce woes. Instead of slogging through a long, complicated divorce, you can ask the court or your priest to just wave a magic wand and undo your marriage and dissolve it as if it never happened.

Legal vs. Religious Annulment

Not so fast. Most people have a very simplified concept of what an annulment is. First of all, there are legal annulments and there are religious annulments. If you get a divorce, you can still get a religious annulment (called a ‘get’ in the Jewish religion), but you have to follow the requirements set  by your particular religion. A religious annulment only undoes your marriage in the eyes of your church, not the government. A legal annulment does make your marriage legally vanish, but it is difficult to qualify for one. If you obtain a legal annulment, you still need a religious one to erase your marriage in the eyes of your religion.

Reasons for Annulment

The laws vary by state, but generally, annulments are only available when:

  • One of you was underage at the time of marriage
  • One of you misrepresented yourself to the other in a significant way (fraud is generally what this means)
  • One of you was mentally ill at the time of marriage
  • One of you was unwilling or unable to consummate the marriage
  • You are related to each other in a way that bars marriage in your state (cousins, for example)
  • One of you was already married to someone else at the time of marriage
  • One of you withheld or concealed important facts about something such as a disease, children, infertility, etc

Those are the ONLY reasons an annulment can be granted – not because you changed your mind, your spouse abused you, your spouse watches porn all night, or he/she is just not as nice as you thought. It is also important to be clear that you are legally married until your annulment is granted. A court must declare it invalid for it to be erased.

Nuts and Bolts

You file for annulment in the same way you file for divorce (usually via a petition or complaint) with the same court in your state that hears divorces, but the papers say annulment instead of divorce. The case is treated much like a divorce in that custody, child support, and division of marital assets and debts are all handled by the court. Alimony is not awarded, unlike in divorce cases.

An annulment can be contested by your spouse and can go to a trial. In reality, most annulment happen with marriages that are very recent and are usually not contested. Because the marriages are so brief, there is usually nothing to divide and no children of the marriage. You could be married for fifty years though and still get an annulment if you meet the criteria.

The result of a legal annulment is that your marriage never legally existed. In the eyes of the state, you have always been single. Children from an annulled marriage are legitimate however, and not considered to be born out of wedlock.

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Marital Infidelity Affects Children

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photo by Arvind Balaraman

The reasons for your divorce or break up are between you and your spouse, but even if you try to keep infidelity under wraps and your divorce is not front page headlines, it still has an impact on your kids. Even if you don’t tell your kids about infidelity, they are likely to find out if they are old enough to understand, simply by overhearing arguments between parents or conversations you have with other people. Kids react in individual ways, but the following reactions are almost universal.

Embarrassment

Kids whose parents are unfaithful often feel deeply shamed by the situation. A parent has done something that deeply hurt the other parent, and which is considered a no-no by society. Kids are afraid people will talk about the situation and that by being part of the family your child will be tainted by association.

Confusion

Kids are expected to follow the rules, so why can parents break them? That is a question kids ask themselves or even you, as they try to work their way through the situation. It’s not uncommon for children to react by testing the rules themselves to see what they can get away with.

Disgust

Anything that has to do with parents and sex is just gross as far as your child is concerned and a situation that calls attention to the fact that a parent is actually having sex is beyond what any kid wants to think about.

Anger

A common reaction is anger – often at both parents. The cheating parent is easy to blame because he or she took action that ended the marriage and hurt everyone involved in the situation. Kids will frequently freeze this parent out or rage at him or her. It’s also not unusual to blame the non-cheating parent, believing that he or she could have done something that would have prevented the cheating, like being more loving, working harder to please the other spouse, etc.

Distrustfulness

When a parent betrays the entire family, children frequently experience doubt that they can trust anyone ever again. If a parent broke trust with the family, who can you rely on? Children will experience insecurity in all of their relationships. Teens may find it hard to trust members of the opposite sex and say that love is not worth the risk.

How to Help

You can’t undo what has happened, but you can get your child into therapy to help work through the issues. Be available to listen to your child. Let him or her talk and just listen. It’s also important that both parents talk about the situation, as hard as that may be. The cheating parent may be met with silence or ignored, but it is important to apologize for the hurt that has been caused and offer to talk about it with the child in therapy. The non-cheating parent is often in a better situation to have a conversation with the child. It’s hard to do, but the best course is to emphasize that this happened between the parents and does not affect the relationship and the love between the cheating parent and the child. As with all divorces, it takes time for your child to accept what has happened and move forward. Being supportive through this process is the best thing you can do.

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