Articles Posted in Family Law

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Although Rhode Island does not allow for annulments, practically speaking, a Rhode Island marriage can be declared “void” by the court. This carries the same effect as an annulment, meaning that it is as though there was no marriage in the first place. Thus, while Rhode Island technically does not provide for annulments, that is merely a function of the language lawmakers chose.

Divorce Versus Annulment

Divorce and annulment are very different things. In a Rhode Island divorce, the parties are ending what is agreed to have been a valid marriage. However, an annulment is a legal proceeding in which a marriage is declared void. After a successful annulment, legally speaking, it is as though the marriage never took place.

Under What Circumstances Can a Marriage Be Declared Void

There are only a few limited circumstances in which a Rhode Island marriage can be declared void. Under Rhode Island General Laws § 15-1-5, both bigamous marriages and those involving a person who is mentally incompetent at the time of the marriage are absolutely void. A bigamous marriage is one in which one of the parties involved is still currently married to another person or “a relationship that provides substantially the same rights, benefits and responsibilities as a marriage whether entered into in this state or another state or jurisdiction.”

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