Each state has different laws concerning what types of marriage are prohibited. Each state also has its own laws concerning the grounds upon which someone can pursue a civil annulment.
Continue reading for a break down of laws related to prohibited marriages and civil annulments in Connecticut.
Civil Annulments and Prohibited Marriages in Connecticut
Laws in each state dictate what types of marriage are prohibited. They include restrictions on who can get married. Civil annulment is the legal process of invalidating a marriage. It is different from divorce. Civil annulments in Connecticut can be sought on a variety of grounds. Examples of such reasons are bigamy and incestuous marriages. Bigamy is defined as being married to more than one person. Incestuous marriages are marriages between closely related family members.
Civil Annulments in Connecticut
The following chart highlights some of the main provisions of Connecticut's Family Law Code. The chart shows laws related to civil annulments and prohibited marriages. See FindLaw's Marriage Law Overview section for additional articles and resources.
- UnderSection 46b-21, incestuous marriages are prohibited. Incestuous marriages are marriages between closely related family members. There are exceptions for certain types of cousins, beginning with first cousins and including cousins related by more distant degrees of familial relation.
- Under Section 53a-190, bigamy is prohibited. It is a crime, treated as a Class D Felony. Bigamy is defined as being married to more than one person at a time.
- Under relevant state law, marriages where parties are forced to enter the marriage, unable to consent, or underage are also prohibited.
|Grounds for Annulment
- For reasons why marriages qualify for civil annulments, please review the list of prohibited marriages under "Prohibited Marriages." When a marriage is prohibited, it is considered legally invalid. When a marriage is considered legally invalid, it qualifies for a civil annulment.
- Under some circumstances, someone may also pursue a civil annulment for a spouse's inability to consummate the marriage (impotence).
|Time Limits for Obtaining Annulment
||No state law explicitly address a time limit for pursuing a civil annulment.
|Legitimacy of Children
||Under common law, children of void marriages are considered legitimate.
Same-Sex Marriage in Connecticut
In Connecticut, same-sex marriages have been permitted since 2008. In that year, in a case called Kerrigan v Commissioner of Public Health, the Supreme Court of Connecticut ruled that same-sex marriages are legal. The Supreme Court of the state recognized that legalizing same-sex marriage is necessary under Connecticut's State Constitution to protect each citizen's right to equal protection of the law. This decision made Connecticut the third state at the time to issue marriage licenses to same-sex partners who wished to marry. The U.S. Supreme Court's 2015 decision in Obergefell v. Hodges also applied similar theories to find that denial of same-sex marriages in any state constitutes a violation of of the Fourteenth Amendment's Equal Protection clause.
Civil Annulments and Prohibited Marriages: Related Resources
Ending a marriage can be a difficult decision, especially if you are wondering if your marriage was legal to begin with. You can find more introductory information about this topic by visiting FindLaw's sections on annulment and divorce. If you would like legal assistance with your case, you can contact an experienced Connecticut divorce attorney in your area to schedule a consultation.