Understanding Marriage Annulment in West Virginia

Marriage annulment in West Virginia refers to the declaration of a marriage as invalid from the onset or invalid upon the court’s judgment. According to West Virginia Code § 48-3-104, either party to a marriage may institute an action for annulling or affirming the marriage if it is supposed to be void, voidable, or if any doubt lingers regarding the validity of the union.

West Virginia Code (§ 48-3-103) also provides for legal defects that may render a marriage voidable, despite the existence of a marriage record. Some of these include incurable impotence, an underage party, mental incompetence to consent, incest, or bigamy. Unlike divorces, which put an end to validly existing marriages, annulment exposes marriages that are not legally constituted or recognized. For divorces, the marriage must be valid and meet all requirements. For cases of annulment, the court declares that the marriage never existed or ceases to exist from the judgment date.

Grounds for Annulment in West Virginia

Marriage annulment in West Virginia occurs when the court is satisfied that the requirements for a valid marriage were not met. If there are legal defects at the time the marriage was done, it becomes voidable and may either be annulled or affirmed. The grounds for annulment of marriages in West Virginia include the following:

• Bigamy - This refers to a situation where one of the parties was in another marital union at the time the marriage was contracted.
• Consanguinity or affinity. This refers to when spouses are too closely related by marriage or blood. This may happen between parents and children or between siblings and half-siblings.
• A marriage may be annulled if the wife is pregnant by another man or if the husband impregnates someone else during the marriage.

According to West Virginia Code § 48-3-103(3)(A)-(E), a marriage may be annulled if one spouse was mentally incompetent, was incurably impotent, was under the legal age of consent to marry, or had a sexually transmitted infection at the time of the marriage. The state laws also address marriages conducted without a valid license or those intended to circumvent marriage laws. These marriages are also void or voidable and may be annulled according to West Virginia Code §§ 48-2-101, 48-2-602.

Eligibility Requirements for an Annulment in West Virginia

Marriage annulment may be done upon a petition filed by either party or spouse, according to West Virginia Code § 48-3-104. The spouse who files the petition must meet the jurisdiction requirement. This means that one of the spouses must be a resident of West Virginia at the time of filing, according to West Virginia Code § 48-3-101(a). The case may still be filed if the marriage was conducted in West Virginia and the parties did not establish a domicile of marriage in another state. The party filing the petition must also not be legally barred from such action.
Marriage annulments are granted when the court is satisfied that one of the grounds for annulment has been proven. If the court is satisfied that the spouses are too closely related by blood or marriage, that one of the parties was married to another person when the marriage occurred, or one of the spouses lacked mental capacity to consent or understand the concept of the marriage, it will be annulled.

An annulment will also be granted if the wife was pregnant by another or the husband impregnated another woman at the time of the wedding. The main eligibility requirements are to be a resident of the state to meet the jurisdictional requirements, and to ensure the marriage still exists.

How to Get a Marriage Annulled in West Virginia

Marriage annulment in West Virginia may be done through the courts when it is established that a marriage is void or voidable. Either of the spouses may file an action to annul the marriage by following these steps:

Determine the grounds for annulment.
The grounds for annulment refer to the reason or aspects of the marriage that make it void or voidable according to West Virginia Code § 48-3-104. This may be fraud, a lack of mental capacity, or bigamy.

Prepare your petition
You may obtain a Petition for Annulment from the Family Court Forms website or through the Circuit Court clerk’s office. Fill out the petition with all essential details, such as information about the parties, the grounds for annulment, and the request to declare the marriage invalid.

File the petition and pay the accompanying fees.
The petition for annulment will be filed at the Circuit Court. The general filing fee for domestic relations cases is $135, but applicants may request a fee waiver from the court. There may be fees for making copies for the court and for service on the other party.

Serve the other spouse
After filing the petition, the other spouse must be notified. The other party will be formally served with a copy of the petition. This may be done by a private process server, certified mail, or a sheriff. It is essential to confirm if there are any local court rules to be followed for the service of documents.

Response to the petition and court appearance
After serving the other party, they may respond by filing an answer. In this response, the other party may agree, contest the petition, or provide more details about it. This begins the pretrial proceedings before the main court hearings. In an uncontested case, the court usually has brief hearings, while contested cases usually involve submission of evidence, witness testimony, or multiple adjournments. The court may give temporary orders where necessary during the annulment case proceedings. These orders may relate to property, support, or custody matters.

Final annulment decree
After the scheduled hearings, if enough evidence is provided to prove the grounds for annulment, the court will declare the marriage void and invalid. This is the Final Decree of Annulment. This makes the marriage recognized as not legally existing. Certified copies of the decree may be obtained from the court for vital records changes, name or identity document updates, and legal records.

Required Forms and Documentation for a West Virginia Annulment

Annulments in West Virginia typically begin with a petition form, which authorizes or initiates an action to affirm or annul a marriage. The petition will include the parties’ details, the details of the marriage, the relief sought, and the grounds for annulment.

The petition is filed at the Family Court, accompanied by a Civil Case Information Statement, which is required for domestic relations actions. The petition is served on the relevant parties, and the affidavit or certificate of service will be filed with the court clerk. This certificate shows proof of when and how the court documents were served on the other spouse.

Other supporting documents may include a divorce record for prior marriages, birth certificates in underage cases, or evidence of incest or sexually transmitted infections. The final judgment declaring a marriage annulled is one of the most critical parts of these documents. These forms or documents may be accessed through the clerk of the Family Court or the Family Court Forms website.

Where to File for an Annulment in West Virginia

In West Virginia, annulment of marriages is a domestic relations matter that is handled by the Circuit Court. One of the spouses may file a petition for annulment at this court, which has jurisdiction over all civil matters. The jurisdiction is usually determined by the parties’ residency. While the subject matter resides with the Circuit Court, personal jurisdiction is determined by whether one of the parties lives in the county where the petition was filed. Residents who do not reside in the county of filing may still be allowed if the marriage was contracted in West Virginia.

There are also Family Courts in West Virginia, which are specialized court divisions for family-related and domestic cases. This court handles cases of uncontested annulments depending on the county. However, if there are contested issues in an annulment case, such as incapacity, property claims, or fraud, the case is handled by the Circuit Court.

Annulment Timelines and Waiting Periods in West Virginia

The Circuit Courts in West Virginia handle annulment of marriages. After one of the spouses files the petition, the court schedules a hearing to examine the evidence available as soon as possible. Unlike divorces, which have a six-month residency requirement within the state before filing, annulment of marriages does not require separation of the couple or a waiting period. Uncontested annulment cases involve both parties agreeing and have minimal issues, which makes them decided faster.

Contested annulments or cases involving disputes over the children or properties will take longer due to the separate elements of the case that must be carefully handled. There is no legal basis for a mandatory waiting period before filing a petition for annulment in West Virginia. However, the timeline may be delayed in cases where there is difficulty serving a party or the documentation is incomplete, which may occur in the absence of proof of service. Factors that may expedite the annulment timeline include having complete documentation with supporting evidence, prompt service of court documents, and having straightforward legal issues in the case.

Costs and Court Fees for an Annulment in West Virginia

Filing an action for annulment of marriage in West Virginia is done at a Circuit Court. The costs involved will be the regular filing costs and fees for making copies, according to the county regulation where you are filing. The general filing fee for cases of annulment and related matters is $135, which is a state-mandated fee. After the case is filed, copies are made for service on the relevant parties, such as the other spouse.

Service fees are usually included and charged at $20 for service by certified mail or $25 to $30 for personal service by the Sheriff. In cases where the other party is out of state, other service methods may be adopted with their respective fees. Attorney fees in West Virginia may not be needed as the court may provide public defenders. However, hiring an attorney will cost about $350 per hour for contested cases. Fee waiver forms, such as SCA-C&M 201 and SCA-C&M 202.03, are available on the judiciary website.

After the Annulment: What Happens Next?

The annulment of a marriage occurs when the court is satisfied, based on evidence, that specific legal defects exist. When the court makes an annulment decree, the couple is no longer bound by marriage and may remarry. After an annulment, the parties may execute name changes to return to their premarital identities. This also involved updating identity documents such as driver’s licenses and social security numbers. The marriage becomes void, and all benefits tied to the marital status will cease to exist. Such benefits include health insurance coverage, inheritance rights, or retirement benefits.

Legal documents such as deeds, wills, and trusts will also be updated. The court will give orders on child visitation, support, and custody to ensure the child is protected and taken care of. However, there may be no court provisions for property division and rights except in cases where the assets were obtained during the marriage. The court also tends to concern itself less with alimony in annulment cases because the marriage is considered to have never existed. In some cases, such as when it is evident that one spouse relies on the other for support, the court may issue a temporary spousal support order.