How do I file a marriage annulment lawsuit?

Hello. This is an attorney experienced in divorce cases at Daeryun Law LLC.

When a DNA test reveals that a child born during the marriage is not the biological child, this is a matter in which the validity of the marriage itself can be contested.

In particular, if the spouse concealed the affair and induced the marriage through the fact of the pregnancy, a marriage annulment lawsuit can be filed.

A marriage annulment lawsuit does not mean that the marriage itself is judged legally void, but it is a procedure that extinguishes the validity of the marriage prospectively when a serious defect exists in the process of forming the marriage.

In other words, although the marriage was validly formed as a legal matter, if there were improper circumstances behind it due to fraud or duress, the marriage can be annulled through the court.

Article 815 of the Civil Act provides for the grounds for annulment of marriage as follows.

· Where a minor married without the consent of their parents,
· In the case of bigamy, where a person already in a marriage marries again
· Where a spouse married while concealing a serious circumstance that makes it impossible to continue married life
· Where the intention to marry was expressed as a result of fraud or duress

You may proceed with a marriage annulment lawsuit in the following order.

First, you file a complaint for annulment of marriage with the competent family court.

After that, you must submit all evidence that can prove the fraud at the time of the marriage, such as the DNA test results, the hospital's medical certificate, the contents of conversations before and after the marriage, and materials showing the circumstances of the spouse's affair.

Based on the submitted materials, the court hears the statements of the parties and, if necessary, examines through witness questioning and fact inquiries whether there was deception in the process of forming the intention to marry.

Ultimately, if the court recognizes a defect in the marriage, it renders a judgment of annulment of marriage, and once the judgment becomes final, the marriage relationship certificate is marked as 'annulment of marriage', and the marriage relationship is legally dissolved.

A marriage annulment lawsuit is a lawsuit in which legal judgments regarding the legal relationships at the time of the marriage, the securing of evidence, and the filing deadline are central.

In particular, matters such as the concealment of an affair or a pregnancy are difficult for an individual to handle alone, and the outcome of the case can vary greatly depending on the manner in which evidence is submitted.

The attorneys experienced in divorce cases at Daeryun Law LLC have expertise across family cases in general, including not only marriage annulment lawsuits but also nullity of marriage, lawsuits concerning biological parent-child relationships, consolation money, and the division of marital property.

Rather than agonizing alone, you may wish to promptly consult with an expert to prepare a specific response strategy.