There are two ways to legally end a marriage – annulment and divorce. You can file divorce only after expiry of one year from the date of marriage.
But the same time you can file nullity of marriage before 1 year.
Annulment or Nullity of marriage means that the marriage has not happened at all. After getting the annulment or nullity decree, the status of the individual is UNMARRIED/SINGLE.An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid.
A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide.
An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court.
The following is a list of common grounds for annulment and a short explanation of each point:
Bigamy – either party was already married to another person at the time of the marriage
Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress.
Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.
Marriage Prohibited By Law – Marriage between parties that based on their familial relationship is considered incestuous.
Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage.
Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent.
Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage.
Underage Marriage – either spouse was too young to enter into marriage without parental consent or court approval.