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Annulments in Tennessee
Like many jurisdictions, Tennessee annuls marriages that are either void or voidable. Tennessee law on annulment is in the Tennessee Code Annotated 36-3-101 102; 36-4-125; 36-3-113.
Here are the grounds for annulment:
In Tennessee, the plaintiff in an annulment can request the custody of children but not alimony. However, when legal grounds for divorce are also grounds for annulment - for example, impotence and bigamy - the plaintiff can file for divorce in order to obtain alimony and an equitable division of the marital property. An annulment requires the court to restore property to the parties who owned it prior to the voidable marriage.
Either partner needs to have lived in Tennessee for six months to file for annulment. The filing partner is the plaintiff; the other partner is the defendant. The plaintiff files a Complaint for Annulment in the county court. The court clerk may provide a model of the complaint.
The complaint for annulment includes the name, address and date of birth for each spouse, the names and dates of birth for any children, and identifies the party who has lived in Tennessee for at least six months. It lists desired relief including child custody, visitation, child support, alimony or property division.
The plaintiff arranges for delivery of a copy of the complaint to the defendant. The clerk’s office will explain the options for service, including options if the defendant lives out of state or cannot be found.
The court schedules a hearing where the plaintiff proves the legal grounds for annulment. Evidence and witnesses may be used to support a claim for annulment. If the judge believes the argument, he or she signs an order granting the annulment.
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