Calling “do-over” in a months-old marriage might be a twist in a movie or a short chapter in a movie star’s life.
But in the real world, annulments are about as rare as pink diamonds.
Actress Renee Zellweger recently filed for an annulment from her husband, Kenny Chesney, after just four months of marriage. Pop tart Britney Spears filed an annulment last year after two days of marriage to a high school pal.
Is it becoming Hollywood hip? There’s no divorce, no financial strings to your ex, and they cost a fraction of contested divorce. And you can wear white again–and in the case of Hollywood, designer white.
But while Oscar winners might make annulments look like a breeze, they are actually extremely rare and reserved for unusual circumstances, according to attorneys.
They are not designed for an “oops,” or for couples who are embarrassed about breaking up before the registry china ever got used.
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“I can’t even remember the last one I’ve done,” said George S. Stern, who has practiced for 40 years. “Bottom line, it is almost impossible to make a case for annulment.”
In court papers filed in Los Angeles County Superior Court, Zellweger listed “fraud” as the reason for the breakup with the country music star.
The word spurred a gossip frenzy. Zellweger said she used it simply as a legal term and not as a reflection of her ex’s character.
Still, Zellweger will have to explain to a judge what she means by the word, according to Stern, former president of the American Academy of Matrimonial Lawyers.
Fraud is a broad category and can include marrying only for an immigration green card; failure to consummate the marriage; one of the spouses is homosexual; one of the spouses is a drug addict; a change in commitment about wanting children.
But Stern pointed out that annulment cases are almost never slam-dunks and can involve many variables.
“Saying you went on your honeymoon and your husband didn’t have sex is not going to cut it, unless there is some aspect about the person’s mental capacity or other factors going on,” he said.
After filing for her annulment last year, Spears reportedly said she lacked an understanding of her actions and didn’t know the likes and dislikes of her short-term hubby.
Stern said this would fall under the “mental capacity” category.
While there is no time limit, attorneys say the sooner, the better. Most annulments take place within weeks or months of the union.
“Even if you say you were drunk when you got married, if you have been married for a year, a judge might ask why it took you so long,” said attorney Scott Shaw, whose firm handles more than 100 divorces every year but has not done an annulment in at least three years.
“People might think it is something any couple can obtain because they want to get out of a marriage after four months,” Shaw said. “But getting out a marriage is not an easy thing to do.”