What are the constitutional bases for annulment and divorce?

Answer 1

An annulment is a proceeding that is initiated to declare a marriage invalid. The grounds for an annulment include anything that would make a marriage invalid from the beginning. Grounds vary from state to state, but commonly include nonage (i.e., one or both spouses was below the age of consent at the time of marriage); insanity; intoxication; incest; fraud; duress; bigamy; impotence (i.e., inability to consummate the marriage); refusal to consummate the marriage; or loathsome disease. A failure to meet any of the formal requirements for marriage specified in the laws of the state in which the marriage took place may also be grounds for annulment, unless the state is one that recognizes common law marriages. In some states, a failure to agree as to whether or not to have children may also be grounds for annulment.

Unlike in a divorce proceeding, in which it is necessary to prove that some circumstance has arisen after the marriage that has rendered it intolerable, in an annulment it is necessary to prove that the grounds for annulment existed at the time of the marriage. For example, in states where refusal to consummate marriage is recognized as valid grounds for annulment, it must not only be proved that the spouse refused to consummate the marriage, but also that at the time of the marriage the spouse had no intention of consummating the marriage at any time during the marriage. Likewise, if a marriage is sought to be annulled on the grounds of insanity, it must be proved that the spouse in question was insane at the time of the marriage; if the insanity arose thereafter, then the marriage must be terminated by divorce, not annulment.

Answer 2

The US Constitution doesn't mention annulment or divorce. Based on the 10th Amendment, this power is granted to the individual states.

Answer 3

Sweetie, the constitution has nothing to do with divorce and annulment. You question is like asking, "What does an apple have to do with an orange." Were you sleeping in school? The constitution are the rules under which we run this country (well, sorta......) divorce, marriages etc, fall under civil law.....