Assisting Residents in Omaha, Nebraska in Annulment Matters
Many people who get married never even think about the possibility of getting divorced or having their marriage annulled. However, for some couples, the need to annul their marriage becomes quickly evidenced. If you are pursuing or facing an annulment, you need an Omaha annulment attorney or dissolution lawyer in your court to help navigate the legal process and protect your rights and interests.
At Stange Law Firm, we have helped countless individuals and families through divorce or annulment. We make sure to get the job done right the first time. From start to finish, we provide the personal attention and experienced representation you need and deserve as you advance through this difficult process.
What Is Annulment in Omaha?
An annulment is a legal offering that essentially cancels out a marriage, rendering it null and void. Rather than merely dissolving a marriage, an annulment testifies that a marriage was legally invalid from the start. For an annulment to be officially granted, there must be some sort of legal basis or grounds for the annulment.
What Qualifies You For an Annulment in Douglas County?
To qualify, you must establish and show legally sufficient proof that you have grounds for an annulment. Some of the more common grounds for an annulment include:
- One party was already married to someone else at the time of the current marriage
- One or both spouses were under the legal age of consent at the time of the marriage
- The marriage was entered into under duress, coercion, or fraud
- One or both spouses were intoxicated when entering into the marriage
- The marriage is incestuous
- The couple did not consummate the marriage
These are just a few examples of grounds that may be used to seek an annulment, as many more grounds for annulment may otherwise apply specifically to your particular case. For an annulment to be granted, however, there must be evidence to support the claims made in your petition for annulment. If you feel your marriage meets one or more of the grounds for annulment, you should speak with an experienced Omaha divorce lawyer to see if you qualify.
What Evidence Is Needed for an Annulment in Nebraska?
The necessary evidence needed to obtain an annulment will vary depending on the grounds by which the annulment is being sought. For example, if you are claiming that the marriage was entered into under duress, coercion, or fraud, then evidence to support this claim may include emails, text messages, or other communications in which your spouse pressured you into getting married. If you are claiming that one or both of you were intoxicated at the time of the wedding, then evidence to support this claim may include witness testimony or video footage of the wedding ceremony in which it is apparent that one or both of you were intoxicated.
The grounds for annulment can be complex, and the evidence needed to support the claims made in a petition for annulment can be difficult to obtain. It’s important to have an experienced Omaha annulment attorney who can gather the evidence you need to build a strong case for annulment.
How Long After Marriage Can You Get an Annulment in Nebraska?
There is no set time frame in which you must obtain an annulment after getting married. However, it is important to note that if you wait too long to seek an annulment, it may be more difficult to obtain one. This is because the longer the marriage continues, the harder it will be to argue that the marriage was entered into under legally invalid circumstances.
What Is the Difference Between an Annulment and a Divorce?
Annulment differs from divorce laws insomuch as divorce is a legal procedure that ends a valid marriage, while an annulment is a legal procedure that invalidates and essentially cancels a marriage – meaning from a legal and technical standpoint, the marriage never existed.
Another key difference: to file for a divorce, there is no legal obligation to prove any grounds for divorce, only to declare and demonstrate that the marriage is irretrievably broken. To obtain an annulment, however, there must be evidence to support the claims made in the petition for annulment.
How Are Children Affected By an Annulment?
As in all family law cases, the determination of child custody will always be made first and foremost based on what is in the best interest of the child. Just as in a divorce case, the judge in an annulment case will have to grant custody to one or both parents of a child. Due to the nature of annulments, it may be necessary to establish the parentage of the father in order to grant custody or visitation rights to him or the child’s paternal grandparents.
When there are no apparent issues, the court will often award joint legal custody to both parents, meaning both parents will have a say in major decisions regarding the child, such as education, medical care, and religious upbringing. The court may also award joint physical custody, meaning the child will spend time living with both parents, or the court may award primary physical custody to one parent and grant the other parent visitation rights.
If you are seeking an annulment and there are children from the marriage, it is important to have an experienced Omaha family law attorney on your side who can help you protect your parental rights.
How Can an Omaha Divorce Attorney Help With an Annulment?
If you are seeking an annulment, there are many ways in which an experienced Omaha divorce attorney can help. Some top ways an Omaha divorce attorney can help with an annulment include:
- Determining grounds for annulment: To obtain an annulment, you must have legal grounds backed by evidence. An experienced Omaha divorce attorney can help you determine if your marital situation grants you legal grounds for annulment.
- Gathering evidence: Once grounds for annulment have been established, an experienced Omaha annulment lawyer can help you gather the evidence needed to support your claims. This may include obtaining records or documentation, interviewing witnesses, or anything else that helps point to the validity of your claims.
- Filing the petition: The next step in seeking an annulment is to file a petition with the court. An experienced Omaha divorce attorney can help ensure that your petition is properly filed and that all required information and evidence are included.
- Representing you in court: Once the petition has been filed, the case will go to court. An experienced Omaha divorce lawyer can defend your position in court by presenting the evidence gathered and making a strong argument for why an annulment should be granted.
How Do I File For an Annulment in Nebraska?
To file for an annulment in Nebraska, you must first determine if you have legal grounds for an annulment. Once grounds have been established, you must gather evidence to support your claims. Once you have gathered the necessary evidence, you must then file a petition for annulment with the court. It is then up to the court to decide whether or not to grant the annulment.
How Many Months Is the Annulment Process?
The amount of time it takes to obtain an annulment can vary depending on the individual case and is largely dependent on the grounds for annulment, as well as whether there is evidence to support the claims. In some cases, the annulment may be granted quickly, while in others, it may take several months or even longer. Collecting the necessary evidence can sometimes be time-consuming, also impacting the amount of time it takes to obtain an annulment.
Can an Annulment Be Reversed in Omaha?
In most cases, an annulment cannot be reversed; once an annulment has been granted, it is final. However, there are some scenarios in which an annulment may be reversed, such as if new evidence is discovered that was not available at the time the annulment was granted. For example, if an annulment was granted because one spouse was not aware of the other spouse’s previous marriage but later discovers evidence that the other spouse was, in fact, divorced at the time of the current marriage, the annulment may be reversed. The reversal proceeds provided both parties agree they want to reinstate the marriage.
When to File For a Divorce
If you do not meet the qualifications or cannot provide sufficient evidence for establishing legal grounds for an annulment but still wish to pursue the dissolution of your marriage, you may choose instead to file for a legal separation or divorce. While both separation and divorce will treat the original marriage as valid, the ultimate goal of separating from your spouse will still be accomplished. Filing a divorce will not require the same level of evidence but may involve additional steps to properly divide property, designate child custody and child support, and establish spousal support, if appropriate.
Contact Stange Law Firm Today
If you are seeking an annulment in Omaha, it is important to have an experienced divorce attorney on your side who can help you through every step of the process. You may find it difficult to obtain an annulment without legal assistance. Contact us today to expedite the process and receive the best chance at having your marriage annulled.
Douglas County (Omaha), Nebraska Office (402-509-1801) | 9202 W. Dodge Rd., Suite 302, Omaha, Nebraska 68114