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Contact an Iowa Family Law lawyer representing clients in Independence, Iowa today to schedule your free initial consultation.
Annulment
An annulment differs from a divorce as it is a judicial statement that there was never a marriage. An annulment means that the individuals were never united in marriage as husband and wife. Currently, most states have annulment statutes. An annulment declares that a marriage, which appears to be valid, is actually invalid. There are two kinds of invalid marriages. A void marriage is one that was invalid from the very beginning. The major grounds for a void marriage are incest, bigamy and lack of consent. A voidable marriage is one that can be declared illegal but continues as valid until an annulment is sought.
Fraud is the most common ground for annulment. The misrepresentation, whether by lies or concealment of the truth, must encompass something directly pertinent to the marriage, such as religion, children or sex, which society considers the foundation of a relationship.
Physical or emotional conditions may also be elements for an annulment, especially if they interfere with sexual relations or procreation. Other health conditions providing grounds for an annulment include, but not limited to, alcoholism, incurable insanity and epilepsy.
Alientation of Affection
Alienation of affection is a tort claim for willful or malicious interference in a marriage by a third party without excuse or justification. There are only nine states that consider alienation of affection a viable cause for action:
Hawaii
Missouri
North Carolina
Illinois
New Hampshire
South Dakota
Mississippi
New Mexico
Utah
There are five states that have judicially eliminated alienation of affection:
Idaho
Kentucky
Washington
Iowa
South Carolina
The following states have statutorily eliminated alienation of affection:
Alabama
Indiana
Nevada
Texas
Arizona
Kansas
New Jersey
Vermont
Arkansas
Maine
New York
Virginia
California
Maryland
North Dakota
West Virginia
Colorado
Massachusetts
Oklahoma
Wisconsin
Connecticut
Michigan
Oregon
Wyoming
Delaware
Minnesota
Pennsylvania
District of Columbia
Florida
Montana
Rhode
Island
Georgia
Nebraska
Tennessee
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you consult an attorney for individual advice regarding your own situation.
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If you would like to schedule a free initial consultation, contact an Iowa Family Law attorney, representing clients in Independence, Iowa at the Putnam Law Office. Give us a call at (563) 382-2984 or email us at info@putlaw.com. |