Alaska Divorce Guide

Annulment in Alaska

An annulment is a legal procedure that dissolves a couple’s marital status by establishing that a valid marriage never existed. An annulment nullifies an already void marriage. The marriage will be set aside as if it never happened (a nullity), returning the parties back to single status.

Void marriages

These are marriages which are prohibited by law due to consanguinity between the persons, or a subsequent marriage contracted by a person during the life of a former husband or wife which marriage has not been annulled or dissolved.

Voidable marriages

See bullet list below:

  • Fraud or Duress – If your spouse has married you by misrepresenting him or herself
  • Under age Marriage – annulment petitions are accepted from parties that were part of a marriage involving either being younger than 15
  • Mental Illness or Incapacity – If your spouse had a mental illness at the time of the marriage and you do not want to continue living with him or her
  • Bigamy or multiple marriages – If your spouse was already married and entered into a marriage with you
  • Impotency – If your spouse is impotent and you were not aware of this fact before marriage

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State laws provide that in cases where an annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive. An annulment in Alaska is not the easiest procedure you’ll go through. Like a divorce or separation you’ll need to petition the court for an annulment, provide grounds for requesting the declaration, have your partner served and wait for a hearing date. Courts require greater proof (more convincing evidence) for annulments than they do for divorces.

[Based on Alaska Statutes 25.25.01, 25.20.050, 25.24.030]

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