Family Matters. Experience Counts.
Not all marriages end in divorce. In some situations, a marriage may be legally invalid from the beginning, or capable of being declared so. In Pennsylvania, this is handled through a legal process called annulment.
At Cooper Family Law, we assist individuals and families in Philadelphia seeking annulments due to legal defects in the marriage. Whether you’re facing a complex legal question involving fraud, duress, or incapacity, or simply want to understand your rights and options, our team offers nuanced support and strategic representation throughout the process.
A marriage annulment is a legal declaration that a marriage is either void or voidable, meaning it was never valid under Pennsylvania law or can be challenged in court. Unlike a divorce, which ends a legally recognized union, an annulment retroactively declares the marriage invalid.
Pennsylvania law, under 23 Pa.C.S. § 3305, outlines two distinct types of annulment grounds:
Void marriages are considered invalid from the start and may be annulled at any time. These include situations where:
Bigamy: One spouse is already married to another person at the time of the second marriage.
Close Blood Relations: The spouses are closely related by blood, such as siblings or parents and children.
Lack of Legal Capacity: One or both parties lacked the mental capacity to marry.
Void marriages do not require court approval to be considered invalid, but pursuing an annulment provides legal clarity and documentation.
Voidable marriages are considered valid until one party takes legal action to annul them. These include circumstances involving:
Fraud or Misrepresentation: One party was misled about a fundamental aspect of the marriage.
Duress or Coercion: Consent was obtained through threats or undue pressure.
Underage Marriage Without Proper Consent: One party was under 18 and lacked proper parental or judicial approval.
Incurable Impotence: At the time of marriage, one spouse was physically unable to consummate the union, and the other was unaware.
Unlike void marriages, annulments for voidable unions must be requested promptly.
Choosing an annulment over a divorce may stem from:
Religious beliefs that discourage or prohibit divorce
A desire to clear the legal record of a marriage that was never valid
Emotional or psychological reasons, such as a belief the marriage never existed in the eyes of one party
Legal or financial considerations, like ensuring the marriage isn’t recorded for estate or support purposes
At Cooper Family Law, we help clients evaluate whether annulment is a suitable path or whether divorce might be more appropriate based on their circumstances.
The annulment process begins with a complaint filed in the Court of Common Pleas in the county where either party resides. The court may require hearings, especially if the grounds for annulment are contested. The process may involve:
Gathering evidence to support the legal grounds
Testimony from the parties involved and witnesses
Reviewing financial matters, including property division or spousal support (in certain voidable cases)
We work closely with clients to ensure their legal rights are protected and their interests are clearly communicated to the court.
Although annulment declares a marriage void or voidable, it may still raise practical legal issues similar to divorce:
Property Division: Courts may divide property under equitable distribution principles, particularly in longer-term relationships where assets were co-mingled.
Spousal Support: Some voidable marriages may result in support obligations.
Child Custody and Support: Children born of annulled marriages are treated the same as in divorce cases under Pennsylvania law.
Cooper Family Law provides experienced counsel for clients navigating these nuanced matters.
Annulments involving high-net-worth individuals or business owners may present unique challenges. These may include:
Protecting business interests or inherited wealth
Ensuring private or sensitive information is handled discreetly
Addressing complex property entanglements or marital agreements
We offer sophisticated legal strategies tailored to clients with significant assets, helping them reach favorable and discreet resolutions.
Use the button below to book your consultation easily online.
Although we do not claim to be “the best,” we are proud to be a premier family law firm in Philadelphia. Our team of attorneys is deeply familiar with Pennsylvania law and committed to ethical, effective representation.
With 50+ years of combined experience, we handle a range of family law matters with effective, trusted solutions.
We craft tailored legal strategies to address your family’s unique needs and ensure the best possible outcome.
We provide guidance and support throughout your case, helping you navigate emotional and legal challenges.
Proudly serving Philadelphia, Bucks, Montgomery, Chester, and Delaware Counties with trustworthy family law solutions.
Use the button below to book your consultation easily online.
The best way to understand how Cooper Family Law can support you is by hearing directly from those we’ve helped. Our clients consistently praise our attentive service, thoughtful legal guidance, and successful outcomes. Read through our client testimonials to see why families across the Philadelphia region trust us with their most important legal matters.
While annulment is appropriate in specific situations, not all marriages qualify. At Cooper Family Law, we begin with a careful evaluation of the facts, applying the statute to determine whether your case meets the legal criteria for annulment. If not, we can advise on alternative approaches such as legal separation or divorce.
If you’re considering an annulment in Philadelphia, our attorneys offer confidential, informed, and ethical legal guidance. We’re here to walk you through your options, help you understand the legal process, and develop a strategy that aligns with your goals and values.
We begin with a thorough consultation to understand your needs and determine the best legal strategy for your case. During this time, we listen to your concerns and explain your options clearly.
After assessing the complexity of your case, we’ll outline the retainer amount. The retainer is used to cover initial legal services, and we ensure that every dollar is applied transparently to your case as work progresses.
We craft a strategy focused on your specific goals, whether that’s a peaceful resolution or preparing for litigation. Our attorneys handle every detail with care and precision, from negotiations to court appearances.
Throughout the process, we maintain open lines of communication, keeping you updated and addressing any concerns promptly. You can rely on us for legal guidance at every stage.
Contact us today to schedule a consultation and explore whether annulment is the right path forward.
1500 John F Kennedy Blvd # 220
Philadelphia, PA 19102
Attorney Advertising Materials: Patrick J. Cooper is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.
Website Accessibility: Cooper Family Law, LLC is committed to ensuring digital accessibility for people with disabilities. We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.
