Complaint for Annulment — Existing Prior Marriage (Pennsylvania)

COMPLAINT FOR ANNULMENT — EXISTING PRIOR MARRIAGE

Before filing: Use this complaint only when a party had an existing spouse when this marriage occurred, no divorce or annulment had ended that former marriage, and no decree of presumed death had been obtained. If the impediment later ended, address whether the parties then cohabited. This complaint does not request child, support, or property orders. Complete the Notice to Defend and Claim Rights below with the county-designated legal-services office; check current county procedures, other required cover papers, service, and protected-information policy with the filing court.

Notice to Defend and Claim Rights

You have been sued in court. If you wish to defend against the claims in the following complaint, you must take prompt action. If you do not, the case may proceed without you and the court may enter a decree of annulment and judgment on any other properly requested relief. You may lose money or property or other rights important to you, including custody or visitation of your children.

If you do not file any claim for alimony, division of property, lawyer's fees, or expenses before the annulment is granted, you may lose the right to claim them.

Take this paper to your lawyer at once. If you do not have a lawyer, contact the county-designated office below for information about hiring one. If you cannot afford a lawyer, that office may provide information about agencies offering legal services at a reduced fee or no fee.

County-designated legal-services information office: [NAME, ADDRESS, TELEPHONE — COMPLETE FROM CURRENT COUNTY RULE OR COURT ADMINISTRATION]

Plaintiff states:

Parties and marriage

1. Plaintiff is [FULL NAME] and resides at [ADDRESS, COUNTY, STATE].
2. Defendant is [FULL NAME] and resides at [ADDRESS, COUNTY, STATE OR LAST KNOWN ADDRESS].
3. The parties went through a marriage ceremony on [DATE] in [PLACE]. The marriage record is [IDENTIFY RECORD AND ATTACH IF APPROPRIATE].
4. [PLAINTIFF / DEFENDANT / BOTH] has been a bona fide resident of Pennsylvania for at least six months immediately before this action was filed. The residence began on [DATE] at [ADDRESS AND COUNTY]. Filing in [COUNTY] County is proper because [STATE VENUE FACTS].
5. Any other case concerning the parties' marriage is [COURT, CASE NUMBER, STATUS, AND ORDERS OR "NONE KNOWN"].

Existing spouse and later conduct

6. When Plaintiff and Defendant married, [IDENTIFY PARTY] was married to [PRIOR SPOUSE'S NAME], who was then living. That earlier marriage occurred on [DATE] in [PLACE]. The supporting marriage and other records are [IDENTIFY RECORDS OR EXHIBITS].
7. On the date stated in paragraph 3, that earlier marriage had not ended by divorce or annulment, and [IDENTIFY PARTY] had not obtained a decree of presumed death of the prior spouse. The facts and records supporting these allegations are [DETAILS].
8. The earlier marriage [REMAINS IN EFFECT / ENDED ON DATE BY DIVORCE, ANNULMENT, OR DEATH]. After any end of the earlier marriage, Plaintiff and Defendant [DID NOT COHABIT / COHABITED ON THESE DATES AND UNDER THESE CIRCUMSTANCES: __________]. Explain any disputed facts about cohabitation or confirmation: [DETAILS OR "NONE"].
9. The persons and records expected to establish the allegations above are [IDENTIFY WITNESSES AND EXHIBITS].

Request for relief

Under 23 Pa.C.S. §§ 3303(a) and 3304(a)(1), Plaintiff asks the Court to:

1. Find, after the required proceedings, that the facts establish the existing-spouse ground and that no later cohabitation confirmed the marriage after removal of the impediment;
2. Enter a decree annulling the purported marriage; and
3. Grant only additional relief separately pleaded and supported here: [DESCRIBE FACTS, LEGAL BASIS, AND RELIEF OR "NONE"].

I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Respectfully submitted,

Plaintiff's signature: ___________________________________ Date: [__/__/____]

Printed name: [________________________________]

Address for service: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney and bar number, if represented: [________________________________]

Sources and references

• 23 Pa.C.S. § 3303 — action for annulment.
• 23 Pa.C.S. § 3304 — existing-spouse ground, later cohabitation, and procedure.
• Pennsylvania Unified Judicial System, Divorce Proceedings — court and county procedure information.