Homosexuality as Grounds for a Marriage Annulment

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Most Common Family Law Issues:

What Is a Marriage Annulment?

An annulment is a court proceeding that dissolves a marriage. However, unlike a divorce, an annulment essentially treats a marriage as if it never happened.

What Are Some Common Reasons for an Annulment?

There are various reasons why a marriage may be annulled. Some include:

How Have Courts Viewed Homosexuality as Grounds for an Annulment?

Courts have occasionally considered one spouse's concealed homosexual activities or tendencies as a fraudulent act, and thus establishing the basis for an annulment. One key factor in determining whether the marriage may be annulled is the timing of the activity.

Some courts have held that if the homesexual activity took place long before the marriage, then there are no grounds for annulment. Additionally, with the issue of same-sex marriage becoming national and as more states begin to recognize the validity of those unions, it is quite likely a court will no longer entertain the private sexual nature of one of the parties as grounds for annulment, and thus arguments would be better focused on other theories.

Should I Speak to an Attorney about Annulling My Marriage?

With any judicial proceeding, it would be wise to speak with a family law attorney. An lawyer will help you through the annulment process, help you pick the right argument, and ensure that it is done correctly and in your best interests.

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Last Modified: 09-05-2014 10:26 AM PDT

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