Annulment Attorney John Ward Can Help You
Attorney John Anthony Ward in Kenosha, WI, has over three decades of experience in family law. To protect your rights and make sure your case is handled properly, call an annulment attorney who can help you navigate the unique legal complexities of this separation process.
Annulments are not always simple processes. Trust your case to attorney John Ward.
How Is Annulment Different from Divorce?
Both an annulment and a divorce put an end to a marriage, but the major difference between the two is that when an annulment is granted, the parties can say they were never actually married. An annulment invalidates the marriage and is a legal finding that the marriage never happened. Other distinguishing factors include:
- Property: In a divorce, the court is tasked with making an equitable distribution of property. But because an annulment finds no marriage ever took place, there is no need to divide the property between the parties. The property each party entered the relationship with remains their property and is not subject to division.
- Prenuptial agreements: While these agreements must be carefully analyzed during divorce, the same is not true with an annulment. Because the marriage was never considered legal with an annulment, a prenuptial agreement becomes irrelevant.
- Remarriage: When parties divorce, they are prohibited from getting remarried for a certain timeframe. This restriction on remarriage does not exist with an annulment.
- Children: If any children were born during the relationship, those children are considered born out of wedlock when an annulment is granted. This can become an important factor for couples with certain religious or other beliefs and should not be overlooked when deciding whether to get a divorce or an annulment.
If you are considering annulment, call our office. We will explain the process and let you know if you qualify.
Grounds For Annulment
In order to qualify for an annulment, certain circumstances must exist. These include:
- Age: If the parties were underage when married, the marriage may be annulled.
- Mental capacity: Parties who lack the requisite legal mental capacity to enter into marriage can seek an annulment.
- Fraud: When one party is not truthful about their intentions regarding the aims of marriage, the other party can ask that the marriage be annulled.
- Duress: If one party was forced into the marriage against their will, that party is entitled to an annulment.
- Illegal relationship: If one spouse is already married, or if the parties are related, the marriage can be annulled.
Some of these grounds involve time restrictions to file, and you must make certain that you do not miss these deadlines, if applicable. It is in your best interest to contact an attorney as soon as possible if you feel you have grounds for annulment.
To file an annulment petition in Wisconsin, you must be a resident of the state for at least 30 days prior to the filing.
Filing For An Annulment in Wisconsin
To file an annulment petition in Wisconsin, you must be a resident of the state for at least 30 days prior to the filing, and file your case in the proper circuit court. This will require you to file where either you or your spouse lives. With over three decades of experience in family law, attorney John Ward can help you complete this paperwork and file it on time in order to help meet your needs.
If you have questions about annulment, John Ward has the answers you need. Contact us online, or by calling (262) 671-8692. We offer a free initial consultation and can provide the information and services you need to protect the best interests of both you and your children.
"Mr. Ward and his professional team proceeded tenaciously to build a strong case in my favor. His in-depth knowledge of the law resulted in my twelve year old felony becoming just a misdemeanor. Mr. Ward is the third attorney to work on my case, but the only one who achieved positive results."Emily Rogers