Annulment

An annulment is now known as a “Declaration of Invalidity” of marriage. A court will enter a judgment declaring a marriage invalid under the following circumstances: A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage;A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity;A party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; or the marriage is prohibited.