How do I file a marriage annulment lawsuit?

Hello. This is a divorce-specialized attorney from Daeryun Law Firm.

If a child born during marriage is found through genetic testing to not be the biological child, the validity of the marriage itself can be contested.

In particular, if the spouse hid the fact of infidelity and induced marriage with the fact of pregnancy, a marriage annulment lawsuit can be filed.

A marriage annulment lawsuit is not when the marriage itself is judged legally invalid, but a procedure to extinguish the effect of the marriage prospectively when there are serious defects in the marriage formation process.

In other words, although the marriage was legally established and valid, if there were unfair circumstances such as fraud or coercion in its background, the marriage can be annulled through the court.

Article 815 of the Civil Act stipulates the reasons for marriage annulment as follows:

· When a minor married without parental consent,
· In the case of bigamy where a person already married marries again
· When the spouse married while hiding serious circumstances that make it impossible to continue marital life
· When the marriage intention was expressed through fraud or coercion

You can proceed with the marriage annulment lawsuit in the following order:

First, submit the complaint for marriage annulment to the family court with jurisdiction.

After that, you must submit all evidence that can prove fraud at the time of marriage, such as genetic test results, hospital diagnosis, conversation contents before and after marriage, and circumstantial evidence of the spouse's infidelity.

Based on the submitted materials, the court will hear the parties' statements, and if necessary, conduct witness examinations and fact-finding inquiries to deliberate whether there was deception in the marriage intention formation process.

Finally, if the court recognizes the defect of marriage, it will pronounce a marriage annulment judgment, and once the judgment becomes final, 'marriage annulment' will be marked on the marriage relationship certificate, and the marriage relationship will be legally dissolved.

The marriage annulment lawsuit is a lawsuit where legal judgments such as the legal relationship at the time of marriage, evidence collection, and filing deadlines are key.

In particular, matters such as infidelity or concealment of pregnancy are difficult for individuals to handle on their own, and the outcome of the case can vary greatly depending on the method of evidence submission.

Daeryun Law Firm's divorce-specialized attorneys have expertise across all family law cases including marriage annulment lawsuits, marriage invalidation, parentage lawsuits, alimony, and property division.

Rather than agonizing alone, please quickly consult with an expert and prepare a specific response strategy.