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In a divorce (Dissolution of Marriage), the Court declares the marriage contract broken; in an annulment, the Court says that there never was a proper marriage. Annulment is much more difficult to prove, and much rarer than divorce. 

Examples in which a marriage can be annulled:

• A party lacked capacity to consent to the marriage at the time of the marriage because of;
• • mental incapacity,
  • or infirmity,
  • or because of the influence of alcohol,     
  • drugs or other incapacitating substances,
  • or a party was induced to enter into a marriage by force,
  • or duress
  • or by fraud;

• A party lacks the physical capacity to consummate the marriage and at the time of the marriage the other party was not aware of this;

• A party was age 16 or 17 and did not have the consent of his or her parents, guardian or judicial approval; or  

• The marriage is prohibited.

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