Connecticut Divorce Source: Connecticut Annulments

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Connecticut Annulments

Annulments in Connecticut

Annulment is a frequently misunderstood legal concept, because popular culture and religion have often inaccurate views of what an annulment means. According to Connecticut annulment laws, annulment terminates an already void marriage. In Connecticut, annulments are rare and to get an annulment the petitioner must prove that the marriage is null, void or voidable. In Connecticut, annulment does not involve a waiting period of 90 days as is the case in a divorce.

Connecticut General Statutes describe annulment law in 46b-21, 22, 24,29, 30, 40 and 67.

Grounds

Here are the grounds for a Connecticut court to declare a marriage void:

Consanguinity: The spouses are closely related or a blood relationship, or have “affinity,” meaning a close family relationship. No person can marry a parent, grandparent, child, grandchild, sibling, parent’s sibling, sibling’s child, stepparent, or stepchild.
Bigamy: One spouse is already legally married to someone else at the time of the second marriage.
Mental Disability: One spouse was mentally incompetent at the time of the marriage ceremony.
Misrepresentation: One of the spouses misrepresents himself or herself or makes a false promise.
A person who is not legally authorized to perform a wedding performed the marriage ceremony, or the couple failed to submit to required blood testing so their marriage license is defective.
Duress: One or both spouses consented to the marriage only because of force, fraud, or duress from another person.
Physical incapacitation: One spouse suffers from a health problem or physical condition that goes to the essence of the marriage, for example, a husband conceals a medical problem with impotence that prevents the couple from having sexual relations.

Procedure

There are no official court forms to file for an annulment. The plaintiff files a complaint for annulment in the superior court in the judicial district where either the plaintiff or the defendant live. The complaint includes the date and place of marriage, the names and dates of birth of any children, particularly whether the woman has given birth to any other children since the marriage, and if so, the legal father, whether the State of Connecticut supports the child or either of the spouses, any allegation that the marriage is void or voidable (under Connecticut law or the law of another jurisdiction), and the reasons why, and any relief sought by the plaintiff.

After the plaintiff files and serves the complaint for annulment, the defendant can file an answer. The answer may admit or deny any or all allegations in the complaint. The answer should contain the defendant’s claims for relief or an answer and cross-complaint requesting a divorce, legal separation, or annulment.