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No such provisions, however, were made in an annulment.
A majority of states have rectified this situation by statutory provisions.
A judgment by a court that retroactively invalidates a marriage to the date of its formation.
An annulment differs from a Divorce, a court order that terminates a marriage, since it is a judicial statement that there was never a marriage.
An annulment means that the individuals were never united in marriage as husband and wife. Prior to the mid-nineteenth century, the only courts in England with the power to annul an invalid marriage, when fairness mandated it, were the ecclesiastical courts.Physical or emotional conditions may also be grounds for annulment, particularly when they interfere with sexual relations or procreation.Other health conditions providing grounds for annulment include alcoholism, incurable insanity, and epilepsy.State law governs the grounds for annulling a voidable marriage.Couples should not be obligated by the serious duties incident to marriage if both parties did not genuinely intend to be married. The Misrepresentation, whether by lies or concealment of the truth, must encompass something directly pertinent to the marriage, such as religion, children, or sex, which society considers the foundation of a marital relationship.
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In most states, children of voidable, and sometimes void, marriages are legitimate. A Treatise on the Law of Divorce and Annulment of Marriage: Including the Adjustment of Property Rights upon Divorce, the Procedure in Suits for Divorce, and the Validity and Extraterritorial Effect of Decrees of Divorce.