Description
INSTRUCTIONS:
- Read Campbell v. Thomas, 897 N.Y.S.2d 460 (N.Y. App. 2010).
- Research your state law on annulment.
- In a two-to-three page paper discuss the following:
- What does your state law say about annulment after the death of a spouse? Provide the citation for any laws that you are relying on.
- Why did Nidia have the right to take an elective share of the estate, despite the annulment of the marriage?
- How does the court avoid giving Nidia the money, despite her statutory right to an elective share?
- Do you think criminal sanctions might be appropriate in a case like this? What criminal statutes in your state apply and why? provide the citations.
- MY STATE IS ALABAMA
Explanation & Answer
Attached.
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Reading and Analyzing a Case - Outline
I.
II.
Introduction
The State of Alabama statute on annulment of marriage
III.
The defendant’s right to elective share of the estate.
IV.
Reasons for denying the issuance of elective share
V.
Potential sanctions from the case.
Running head: READING AND ANALYZING A CASE
Reading and Analyzing a Case
Name
Institution
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READING AND ANALYZING A CASE
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Reading and Analyzing a Case
The definition of annulment in the context of a marital relationship is a legal declaration
that the marriage never occurred, which is completely different from the situation where it is
dissolved in the case of divorce. Also, the judicial pronouncement that the union never existed is
different from the religious annulment that is declared by the clergy of a religious entity that is
not binding in both civil and criminal proceedings. Therefore, the religious annulment does not
permit the individual to enter into another marriage before obtaining the judicial declaration that
the previous marriage did not ...