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Separation means not living together as husband and wife. It is possible to have a separation even while living in the same house but proving the separation is difficult. Separate beds, no sexual relations, separate entrances, separate food supplies, and separate social lives are all evidence of a separation. The separation date is important for the calculation of the separation time period for a no-fault divorce, valuation of assets, and length of the marriage (a particularly important factor in equitable distribution of the property, awards of alimony, counsel fees and other matters). Annulment of "void" or "voidable" marriages is controlled by statute. Void or voidable marriages may be declared void in an annulment action. Marriages are void ab initio if one of the parties was already married, the parties are too closely related, there was mental incapacity or no intention to consent to the marriage or where either party was under the age of 18 years at the time of marriage. If the parties cohabit, as husband and wife, after the removal of an impediment (such as another spouse or mental incapacity) than the grounds for annulment are removed. Marriages are generally voidable if: 1) either party was under 16 years of age at the time of marriage unless expressly approved by the court, 2) where either party was under 16 or 17 years of age and lacked the consent of a guardian or the court, had not ratified the marriage (by cohabitation or possibly sexual relations) upon reaching 18 years of age and commenced an annulment action within 60 days after the marriage ceremony, 3) either party was intoxicated and an action for annulment is commenced within 60 days after the marriage ceremony, 4) there was impotency, still existing, unknown to the other party prior to marriage, or 5) one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there was no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force. |
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DIVORCE AND ANNULMENT |
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John Wendell Beavers & Associates, P.C., a Pennsylvania Professional Corporation |
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John Wendell Beavers, Esq. John Wendell Beavers & Associates, P.C. (a professional corporation) 1518 Walnut Street, Suite 800 Philadelphia, PA 19102 Phone: 1-215-732-0600 Office Email: trial.lawyer@verizon.net Home Email: jwbesq@comcast.net |