Edward G. Lawson

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Grounds for Annulment: Concealment

Introduction

Annulment is a legal proceeding initiated to terminate an invalid marriage and to declare that no valid marriage ever took place because of a problem existing at the time of the wedding ceremony. The basic difference between a divorce and annulment is that divorce dissolves a valid marriage, and annulment proclaims that there never was a valid marriage. Annulments are rare compared to divorces, partly because of the wide availability of no-fault divorce.

The main grounds for obtaining annulments are fraud, physical incapacity, non-age, force or duress, mental incapacity, bigamy, and consanguinity.

Concealment

Concealment and misrepresentation are used very commonly in annulment proceedings as part of the fraud ground. Most of the time, annulments for fraud are not granted as a matter of right and are granted only after close consideration. In most states, the courts require clear and convincing evidence of fraud and a showing that the injured party would not have married but for the fraud.

Some of recognized subjects of concealment that are sufficient to justify annulment are:

  • concealment of pregnancy at the time of the marriage;
  • concealment of a venereal disease at the time of the marriage;
  • concealment or misrepresentation relating to religion;
  • marriage to evade immigration laws;
  • concealment of an intent not to cohabit or have sexual relations; and
  • concealment of an intent to avoid assuming the duties of a marital relationship.

Some of recognized subjects of concealment that usually do not support annulment are:

  • concealment of parenthood or premarital unchastity;
  • concealment of non-pregnancy;
  • false vows of love and affection;
  • concealment or misrepresentation as to previous marital status; and
  • concealment as to a party’s true condition in life.

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With nearly 46 years practicing law and decades of real-world business experience, the Law Offices of Edward G. Lawson provides effective, efficient legal services to businesses throughout:

  • Rhode Island
  • Massachusetts

We can accommodate clients at our Pawtucket location or we can meet you at your office to address your legal matters. Call (401) 725-1810 or (800) 511-1347 or contact us online today to schedule your initial consultation.

Disclaimer

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Law Offices of Edward G. Lawson
260 Lonsdale Ave
Pawtucket, RI 02860
Phone: 401-725-1810
Phone: 800-511-1347
Fax: 401-725-2244
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