Void Marriage (Annulment)

Annulment Attorney in Providence

Individualized Guidance on Rhode Island Marriage Validity

Rhode Island uses a void-marriage framework for what’s commonly called an annulment. At Steven G. Wright, Attorney at Law, I advise Providence, Rhode Island clients on whether their circumstances support asking the court to declare a marriage void or voidable. Learn more about my work on family legal matters.

I am Steven G. Wright, a partner at D’Alessandro & Wright. I advise and represent individuals with careful attention to their circumstances, legal concerns, and goals. I received the National Academy of Family Law Attorneys’ Top 10 Ranking Family Lawyers in 2014 and the American Institute of Family Law Attorneys’ Client Satisfaction Award.

Call (401) 287-4734 to arrange a free initial consultation and case evaluation with an annulment lawyer in Providence.

When a Marriage May Be Void Under Rhode Island Law

Rhode Island law doesn’t provide for a court-granted annulment under that name. Instead, Rhode Island Family Court can declare a marriage void or voidable. A void marriage is legally invalid because of circumstances present when the parties married. A voidable marriage may be treated as valid unless and until a court declares otherwise.

The available grounds are limited. Dissatisfaction with the marriage or a change in the spouses’ relationship isn’t enough. The facts must fit a legally recognized basis, and the person requesting relief must present that issue through the proper court proceeding.

Rhode Island statutes identify several circumstances that can invalidate a marriage:

  • Existing marriage or similar relationship: Under R.I. Gen. Laws § 15-1-5, a marriage is void when a person enters it while still a party to another undissolved marriage or a substantially similar legal relationship.
  • Mental incompetence: R.I. Gen. Laws § 15-1-5 also addresses a marriage in which either party was mentally incompetent at the time of the marriage.
  • Prohibited kinship: R.I. Gen. Laws § 15-1-3 provides that a marriage between people within prohibited degrees of kinship is null and void.

Refusal to consummate the marriage may also provide a basis for seeking a declaration of invalidity. Non-consummation means the spouses didn’t complete the marital relationship through sexual intercourse. Because this consideration isn’t equivalent to every statutory ground, its relevance depends on the evidence and legal arguments presented.

Impotence or drug addiction alone isn’t recognized as a sufficient ground. These issues may be part of the relationship’s broader history, but they don’t automatically establish that the marriage was invalid. I can evaluate the circumstances and explain how Rhode Island’s rules may apply without assuming that a difficult marriage qualifies for this remedy.

The Rhode Island Family Court Process

A request for a declaration of invalidity is typically pursued in Family Court through a divorce-type proceeding. The process generally involves formal filings and court appearances by both spouses. The precise requirements depend on the relief requested, the parties’ circumstances, and any related family or financial issues before the court.

The central legal question differs from the one presented in a standard divorce. A divorce ends a legally valid marriage. A void-marriage proceeding asks the court to determine that the marriage was invalid because a recognized ground existed.

I begin by examining the facts surrounding the marriage and the proposed ground for declaring it void. Documents, witness information, and the history known to each spouse may affect how the issue is presented. I tailor my family-law guidance to the individual case rather than treating annulment as an automatic alternative to divorce.

A declaration that a marriage is void doesn’t resolve every financial or property question. Property interests, financial obligations, and other legal consequences depend on the facts and the issues properly presented to the court. These matters require attention alongside the request for a declaration of invalidity.

Children of a Marriage Declared Void

Children born of a marriage that’s later declared void remain legitimate for child support and inheritance purposes. The declaration doesn’t erase the legal relationship between a parent and child or eliminate a parent’s support obligations.

Parentage, child custody, and child support may still require separate determinations by Rhode Island Family Court. A judge may need to address those matters under the applicable legal standards and the facts affecting the child. A decision about the marriage’s validity doesn’t resolve every parent-related issue.

Discuss a Potential Void Marriage in Providence

Clear guidance starts with identifying why you believe the marriage may have been invalid and comparing those facts with Rhode Island law. I offer a free initial consultation and free case evaluation to discuss the potential grounds, related family issues, and next legal step.

You don’t need to determine whether your circumstances meet the legal standard before requesting an evaluation. The contact form provides a private way to share your initial questions.

Call (401) 287-4734 to speak with an annulment attorney in Providence about seeking a void-marriage declaration.