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Was Your Annulment Denied? How to Appeal!

Was Your Annulment Denied? How to Appeal!

Posted By Meyers Law Group || 19-Oct-2012

If you have recently applied for a marriage annulment, but were not granted your request, then you will want to appeal the denial in court. A civil annulment is given out in a court of law, while a religious annulment takes place through a couple’s church or religious organization. Chances are that if your annulment was denied, it was through a civil court. Annulments are not the same as divorces, because a divorce officially dissolves the marriage and declares a property division, custody agreements, and other settlements.

An annulment officially declares that the marriage will be treated as if it never even occurred. The couple will need to prove that their marriage was invalid from the beginning if they want to obtain an annulment Many couples need to appeal a decision after the court denies their petition. You may need to bring extra evidence to the appeal trial in order to prove that you deserve an annulment and shouldn’t be denied this right.

To start, you will want to go to your local family court house where the annulment paperwork was filed. You will want to request a petition to modify the judge’s finding in your case. You will then need to consult with a lawyer if your annulment was denied. An attorney at the Meyers Law Group would be more than happy to help you determine why the application was denied and help you to figure out what measures you need to take in order to get it approved in an appeal.

You will then need to fill out the petition for modification with your contact information and your spouses’ contact information. You will have to provide all supporting documentation of the reasons for your annulment in addition to the traditional paperwork. File this second petition for modification at the court and pay for all of the fees to file the application. You will need to notify your spouse that there will be an appealed court hearing for the annulment and file paperwork to your spouse.

Keep documents with you that prove that you notified your spouse of the hearing just in case he or she decides not to show up. You will then want to attend a hearing regarding the annulment with your lawyers present. Explain why you believe that you are entitled to a civil annulment. Often if your marriage was very brief or was never consummated, you will be able to obtain an annulment on these grounds. You may also be able to merit an annulment if you can be respectful but argue effectively. With the right representation, you will be well equipped to argue against the court’s former decision and explain why you need an annulment declaration!