Getting a Marriage Annulled in New Orleans

By Cindy Chung

Some spouses prefer annulment over divorce because of their religious beliefs or other personal reasons. When a couple would like to annul a marriage rather than seek a divorce, the spouses must meet the criteria set by law. Because Louisiana state laws cover annulment cases in New Orleans, a spouse seeking to annul a marriage in the parish of Orleans should know the requirements set by the state. Annulment may affect each spouse's financial rights.

Annulment Procedures in New Orleans

An annulment, known as a declaration of nullity in Louisiana, voids a marriage as if the spouses had never married. The state district courts preside over all cases related to family law and marital rights, including annulment actions. The Civil District Court for the Parish of Orleans handles actions for annulment filed by New Orleans residents.

Absolutely Null Marriages

Louisiana state laws establish two types of marriages for the purpose of annulment: absolutely null marriages and relatively null marriages. State law defines an absolutely null marriage as one between incestuous familial relatives or between individuals of the same sex. In addition, a marriage is absolutely null if the couple did not participate in a marriage ceremony recognized by the state or if one party was already married to someone else. An absolutely null marriage does not require a declaration of nullity from a New Orleans court to void the marriage and confirm each spouse's status as a single person. However, the spouses may need to open an annulment case before the Orleans Parish Civil District Court can assist with related legal issues, such as financial rights or child custody.

Divorce is never easy, but we can help. Learn More

Relatively Null Marriages

The Orleans Parish Civil District Court may make a declaration of nullity for a relatively null marriage if a spouse asks the court to do so. Louisiana state laws define relatively null marriages as those marriages in which at least one spouse did not freely consent to marry the other. For example, a spouse may have consented to the marriage because of fraud or duress. However, if a spouse learns of a reason for annulment and continues to participate in the marriage, that spouse may lose the right to an action for annulment. For instance, spouses may lose the right to an annulment by continuing to live together as husband and wife or by engaging in marital relations after learning about grounds for an annulment; these acts show the court the spouse would like to continue in the marriage. Although Louisiana laws explain how a spouse can lose the right to annul a relatively null marriage, they do not set a time frame -- therefore, whether a spouse can keep the right to annulment may depend on the state district court's interpretation of the law in each case.

Financial Rights and Annulment

Louisiana follows community property principles -- accordingly, when a marriage ends, spouses often have the right to one-half of the marital assets gained during marriage as well as the right to payment of marital debts. After annulment, a former spouse might be able to obtain reimbursement for payments made toward marital debts before annulment. In addition, a spouse may request community property rights and other financial rights from the New Orleans court issuing the declaration of nullity.

Divorce is never easy, but we can help. Learn More
Annulment Requirements in California
 

References

Resources

Related articles

How to Get an Annulment in New York

An annulment, like a divorce, ends a marriage. Unlike a divorce, however, it voids the union. A judicial annulment is essentially a court declaration that a valid marriage between the parties never existed. In New York, like most states, statutes authorize annulment under very limited circumstances, with different rules depending on whether the marriage is considered "void" or "voidable." Courts require a higher degree of proof for the elements of an annulment than is required for a divorce.

The Annulment of Marriage Due to Abandonment

Abandonment by a husband or wife often causes emotional, financial and legal stress. The abandoned spouse may want to know whether abandonment can result in an annulment of the marriage. Although abandonment generally does not serve as grounds for annulment, an annulment may be possible if the abandoned spouse can establish other grounds to invalidate the marriage. In addition, spousal abandonment or desertion may become grounds for divorce.

Does an Extramarital Affair Affect a Divorce in Iowa?

An extramarital affair can profoundly affect a marriage, causing a husband or wife to consider divorce after learning of a spouse’s infidelity. Before filing for divorce, Iowa residents may wish to become familiar with the laws in that state pertaining to divorce, property division, alimony and children. Either spouse may benefit from consulting with an attorney who handles divorce cases in Iowa.

Get Divorced Online

Related articles

Philippine Laws on Divorce, Separation & Annulment

Philippine law doesn't allow divorces, however, it does allow for legal separation, annulment and marriage "voids" ...

Annulment vs. Divorce in the State of Illinois

Couples who choose to end their marriages do so for a number of reasons. In Illinois, as in other states, spouses have ...

Basis for Annulment

Couples often mistakenly assume that an annulment is an easier, cheaper and quicker alternative to a divorce, but in ...

Rights as an Abandoned Spouse in New York City

Spousal abandonment can be an emotionally difficult and stressful event, and some marriages may not recover after one ...

Browse by category
Ready to Begin? GET STARTED