Legal Difference Between Annulment and Divorce
When a marriage ends, it is important to take the necessary legal steps to formally terminate the relationship.
There are two ways to legally end a marriage and these are
What is an Annulment ?
Annulment is a legal procedure which cancels a marriage.
An annulled marriage is erased from a legal perspective. It declares that the marriage never technically existed and was never valid.
The Grounds for an Annulment
Each individual state has its own laws regarding grounds for marriage annulment or divorce, certain requirements apply nationwide.
Either party in a marriage can initiate an annulment case. The party who initiates the annulment must prove that he or she has the grounds to do so.
The marriage will be considered null and void by the court, if it can be proven.
Common Grounds for Annulment
The list of common grounds for annulment is
At the time of the marriage,either party was already married to another person
Forced Consent :
One of the spouses was forced into marriage and only entered into it under pressure.
Among them one of the spouses agreed to the marriage based on the lies or misinterpret of the other.
Marriage Prohibited by Law :
Marriage between parties that based on their familiar relationship is considered depraved.
Mental Illness :
At the time of the marriage.
either spouse was mentally ill or emotionally distrubed
Mental Incapacity :
At the time of the marriage either spouse was under the influence of alcohol or drugs and was unable to make informed agreement.
Inability to Consummate Marriage :
Either spouse was physically helpless of having sexual relations or powerless during the marriage.
Underage Marriage :
Among the two either spouse was too young to enter into marriage without parental consent or court approval.
Depending upon your state of residence, a divorce can be much more complicated than an annulment.
Each state has its own set of laws regarding divorce,like annulment cases. In most divorce cases, marital assets are divided.
Adivorce proceeding determines costody of the children,visitation rights and spousal and child support issues
If the marriage has produced children,
What is the Legal Definition of Divorce ?
A divorce of a marriage, is the ending of a valid marriage, it return both parties to single status with the ability to remarry.
What is a “No-Dault Divorce ?
Each state can have either a no-fault divorce or a fault divo
A no-fault divorce allow the dissolution of a legal marriage with neither spouse being named the “gulty party” or the cause for the marital break -up.
Nowadays many states offer the no-fault divorce option. It is a dissolution of a legal marriage in which neither party accepts blame for the marital break-up.
In the absence of guilty party, some states require a waiting period of a legal separation before a no-fault divorce can take place. For this reason in addition to cases where one spouse wishes to assign blame, some parties seek to expedite the legal process by pursuing a traditional “fault” divorce.
What is a “Fault” Divorce?
A “fault” divorce is granted only When one spouse can prove adequate grounds then othee. Like an annulment, these grounds vary from state to state, but there are some overarching commonalities.
The major grounds for divorce are:
During the marriag oene or both spouses engages in extramarital relationships with others.
One spouse abandons the other physically and emotionally for a long period of time.
Physical/Emotional Abuse :
One spouse subjects the other to physical or violent attacks or emotional or psychological abuse such as abusive language and threats of physical violence.
Your state law and particular situation will determine Whether your annulment or divorce will be simple or complex during the marriage determined
Familiarising yourself with the laws of your state It is the best way to learn what your rights are in the case of a marital dissolution and to help you to determine if an annulment or a divorce is right for you.