Can You Get an Annulment Based on Age and Coercion?

Question from Annyannul, Can You Get an Annulment Based on Age and Coercion?

Answer from AI:

When considering whether you might qualify for an annulment, it’s important to understand the basic legal grounds for annulment and how they might apply to your specific situation. Annulments are legal decrees that declare a marriage null and void, as if it never happened. Each state has its own laws governing annulments, and they can vary significantly. Given your circumstances, there are two key factors to consider: your age at the time of marriage and the coercion you faced.

Age at the Time of Marriage

In many states, being under the age of consent (which can range from 16 to 18 in the United States) at the time of marriage can be grounds for annulment, especially if parental consent was not properly obtained. However, since your parents did provide consent, this aspect becomes more complex. It’s crucial to look into the specific laws of the state where the marriage was performed (Mississippi, in your case) to understand how underage marriages are treated.

Mississippi Law on Underage Marriages: Mississippi law requires individuals under 21 to have parental consent for marriage. Since you were 15 and had parental consent, your marriage was likely legal under Mississippi law at the time it was conducted. However, the fact that you were underage could still be relevant to an annulment case, especially if other factors like coercion were present.

Coercion and Duress

Coercion or duress can be powerful grounds for annulment. This is because marriages entered into under threat or severe pressure are not considered consensual. Your description of the threats from your parents and the pressure to marry to avoid legal consequences for your partner or foster care for yourself could potentially qualify as coercion.

Key Considerations for Coercion Claims:

• The severity and immediacy of the threats.
• Whether you felt you had a reasonable alternative to marriage.
• Proof of coercion, such as written or recorded evidence.

Steps to Consider

1. **Gather Evidence:** Collect any proof of the coercion or threats you faced, including any written or recorded communications.
2. **Consult a Family Law Attorney:** Given the complexities of annulment laws and the specifics of your case, consulting with a family law attorney is crucial. They can provide personalized advice based on the laws of the state where you were married and where you currently reside.
3. **Consider Your Current State’s Laws:** Since you were residents of Alabama but got married in Mississippi, you’ll need to consider the laws of both states. An attorney can help determine where you should file for annulment.

Legal Resources

For more information on annulment and family law, you may find the following resources helpful:

• The American Bar Association’s Family Law Section offers general information and resources on family law matters.
• Legal aid organizations in your state can provide free or low-cost legal advice if you’re unable to afford a private attorney.

Important Note: This information is intended to provide a general overview and should not be construed as legal advice. Laws and legal interpretations change over time, and the applicability of these concepts can vary widely based on specific facts. Always consult with a qualified legal professional for advice on your particular situation.