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Alabama Motion to Declare Marriage Void Ab Initio and Judgment of Annulment

Alabama Motion to Declare Marriage Void Ab Initio and Judgment of Annulment 2025

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The document is a legal motion filed by the Plaintiff in an Alabama Circuit Court, seeking to dismiss a marriage and declare it void ab initio due to the Defendant's prior undisclosed marriage. The Plaintiff claims she was unaware of the Defendant's marital status at the time of their ceremonial marriage and has since learned that the Defendant was not legally divorced when they married. The motion requests that the court annul the marriage and tax costs to the Defendant.

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What are three 3 circumstances in which a marriage will be deemed to be void?

Grounds for determining a marriage void as against public policy include consanguinity, one of the parties is under the age of sixteen, or that at the time of the marriage either party was already lawfully married.

What is a void ab initio marriage?

A marriage that is annulable is valid until otherwise declared by the court; whereas a marriage that is void ab initio is considered as having never to have taken place and cannot be the source of rights.

What qualifies you for an annulment in Alabama?

Grounds for an Annulment in Alabama Other examples of marriages that can normally be annulled are those involving an underage spouse; marriages where one spouse has concealed a sexually transmitted disease; and marriages where one spouse has been forced, through duress (physical or emotional compulsion) to marry.

What is the difference between void and annulled marriage?

Annulments are considered valid until the point of termination, hence children conceived or born before termination are considered legitimate. This contrasts to a declaration of nullity, where a marital union is rendered a void marriage or never valid from the beginning.

How do you prove a marriage is void?

Legal reasons a judge can annul a marriage You were under 18 at the time of the marriage. You were tricked into the marriage (fraud) You didnt have the mental capacity to marry (unsound mind) One of you is physically unable to consummate marriage. One of you is still married to someone who you thought was dead, but isnt.

What is the final judgment of annulment?

The final step in an annulment case is having a judge sign a Decree of Annulment. This is the document that includes all of the terms of the annulment and legally ends the marriage. An annulment is not final until a judge has signed a Decree of Annulment and it is filed with the Clerk of Court.

What are the grounds for void marriage?

These Acts spell out specific conditions under which a marriage is considered void. Common grounds include the absence of consent, bigamy, prohibited degrees of relationship, non-compliance with formalities, and mental incapacity.

What makes a marriage void ab initio?

A void marriage is a marriage that was never valid from the start and cannot be made valid. Common reasons for a court to find a marriage void ab initio are that the marriage is uous or polygamous.

Alabama Motion to Declare Marriage Void Ab Initio and Judgment of Annulment 2025

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