Fill and Sign the Alabama Motion to Declare Marriage Void Ab Initio and Judgment of Annulment Form

IN THE CIRCUIT COU T OF _________ COUNTY, ALABAMA IN RE: THE MARRIAGE OF _____________________________, PLAINTIFF, VS. CASE NO. _______________ _____________________________, DEFENDANT. MOTION TO DISMISS AND TO DECLARE MARRIAGE VOID AB INITIO Comes now the Plaintiff, by and through her attorney of record, and does file this Motion to Dismiss, and to Declare Marriage Void Ab Initio, and as grounds therefor does show and state the following: 1. That the parties to this cause attempted to enter into a ceremonial marriage in the State of ____________ on the _______ day of _______________, 19___. 2. That unbeknownst to the Plaintiff, the Defendant, _____________, was married to one ___________________ on _________, 19____. 3. That those said par ties were divorced by order of the Circuit Court of ______ County, per the Honorable _____________, on __________, 19____, however, the said Final Judgment of Divorce in that cause was not filed with the Circuit Clerk of ________ County, Alabama, until _________, 19_______. 4. That at the time of the attempted ceremonial marriage of the parties to this cause, the Plaintiff, ____________, was unaware of the true legal marital status of the Defendant, ______________, in fact, he represented to her that he wa s in fact a divorced man. The Plaintiff did not know of the true date of the Defendant's divorce from his prior spouse, and has only recently learned of the same. Upon telling her attorney of this matter, counsel for Plaintiff retrieved the Court's records involving the divorce of ___________ and ____________, and has only recently ascertained the pertinent dates relative to the same. This Motion was filed immediately upon Plaintiff's counsel ascertaining the problem herein. A certified copy of the Final Ju dgment of Divorce, ____________v. ___________, DR _________, is attached hereto and incorporated herein as Exhibit "All to this document. 5. That since only recently learning of the Defendant's disability to contract marriage with Plaintiff on __________, 19____, Plaintiff has made no attempt to live with Defendant as husband and wife, nor has she made any attempt to enter into a common law marriage with the Defendant. In fact, they have been separated, and a Complaint for Divorce has been filed and is pe nding before this Honorable Court. Plaintiff learned of this matter only since the separation of the parties herein, which separation occurred in the early part of _________, 19_____. 6. That the Plaintiff requests that the marriage of the said parties hereto be declared void ab initio, and that this Honorable Court will grant unto the Plaintiff relief as appropriate in this cause in law, equity and good conscience. ______________________________________ Plaintiff STATE OF ALABAMA ________ ____ COUNTY SWORN TO AND SUBSCRIBED before me this the _____ day of _________ 19___. _____________________________________ Notary Public My commission expires: _________________ By: ______________________________________ Attorney for Plaintiff _____________________________________ _____________________________________ _____________________________________ NOTICE OF HEARING Please take notice that the foregoing Motion is set for hearing before the Honorable _______________ __ on the _____ day of _____________, 19___ at 9:00 a.m. _____________________________________ (Attorney for Plaintiff) CERTIFICATE OF SERVICE I do hereby certify that I have this date served a copy of the foregoing on the Hon. _______________, via first class mail, postage prepaid and properly addressed. Date: ______________________. _______________________________________ (Attorney for Plaintiff) ______________________________ ) CIRCUIT COURT PLAINTIFF, ) ________ JUDICIAL CIRC UIT OF ALABAMA VS. ) CIVIL ACTION NO. _____________________ ______________________________ ) (IN EQUITY) DEFENDANT. JUDGMENT OF ANNULMENT THIS MATTER, coming on for hearing on the ____ day of _________, 19____, was submitted on the Plaintiff's Motion to Dismiss and to Declare Marriage Void Ab Initio, and upon due consideration of same, together with argument of counsel, and the ore tenus testimony of the Plaintiff and Defendant, the Court is of the opinion that the following order is due to be e ntered. Accordingly, it is therefore, ORDERED, ADJUDGED, AND DECREED by the Court: 1. The Plaintiff's Motion is GRANTED and the purported marriage of the parties is ANNULLED and HELD TO BE VOID AB INITIO. 2. That costs are hereby taxed to the Defendant. DONE and ORDERED this the ___ day of __________, 19____. ___________________________ CIRCUIT JUDGE