The Legal Way to Start Over
Video Transcribed: Okay. What’s an annulment in Oklahoma? Hi, I’m Ty Smith, an Oklahoma City area attorney with Wirth Law.
I want you to think of an annulment as a wiping of the slate. On the slate is written your marriage record. The slate is clean with an annulment like the marriage never even happened. Now, how do we get one of these? First off, your marriage has to be either void or voidable. And what does that mean? Void means that from its very inception, void means it has some type of incurable issues, such as… So if the spouses are closely related, you’re always going to be closely related, like if you’re brother and sister. That’s a no-no. Your marriage is voided and it can’t be fixed. There’s nothing you can do. Or yeah, that’s a good example of that. A voidable marriage is there’s an issue with your marriage at its conception, but it can be fixed.
So if one or both spouses are under the age of 18 at marriage, you can get married before you’re 18, but if one or both of you are before 18, that’s a problem because we have to have special permission to marry under the age of 18. But that can be remedied eventually because eventually if you keep living, you turn 18 and you keep going. So that’s fixable. So that’s the difference between void and voidable, which could be a whole nother video here. But if your marriage is void or voidable, then you can file what’s called an annulment, which essentially requires that you show that for whatever reason, your marriage was void or voidable, and therefore should never have happened and should be wiped clean from the slate as far as legal beneficiary stuff. And that’s the whole reason why you get the court involved in the first place a lot of times marriage comes with it the dividing of assets and things like that.
With an annulment, this completely wipes it clean. That shouldn’t have happened. Let’s just not. Let’s pretend like this didn’t happen. Annulment is going to require a trial there has to be a showing of evidence that the marriage was void or voidable, and therefore it should be wiped clean from the record. You have to present evidence and all that stuff, which is why it’s very handy to hire an attorney to do an annulment for you.
I would love to talk to you about maybe being that attorney or maybe ask some questions that you might have about this subject. If you want to get ahold of me, once more, I’m Oklahoma divorce lawyer Ty Smith. You can find me at theoklahomacityattorney.com, or you can call my office at (405) 888-5400, and I’d be glad to speak to you about this.