Law

Understanding The Difference Between Divorce and Annulments

If you want options to end your marriage, the two legal ways are to file for a divorce or an annulment. To know that your marriage needs to be annulled or you need to file for a divorce, you must look at all criteria of both procedures. If we consider the pieces of evidence, the requirements for a divorce and an annulment are pretty different. 

Similarly, there are several differences between the two. To know whether you should file for a divorce or an annulment, contact a Newburyport divorce attorney as soon as possible.  

Difference between divorce and annulments

The primary difference between divorce and annulments is that a divorce ends a legally valid marriage, and an annulment terms the marriage as null or invalid.

  • Divorce- A legal termination of a valid marriage, declaring both the individuals in the marriage as officially single. 
  • Annulment- is a legal ruling declaring that marriage is invalid or null. It states that the marriage was never legally valid. Although the marriage is dismissed, the records are present on paper. 

Legal terms for divorce and annulments

There are different reasons to seek an annulment or a divorce. However, the main reason is that one or both spouses want to end the marriage. 

A divorce is comparatively more common than an annulment. Provided that both partners acknowledge the marriage.

No-fault vs. fault divorce

Common grounds for a fault divorce are cheating, abandonment, and imprisonment. People can opt for a no-fault divorce if none of the parties is at fault.

In such cases, neither of the spouses has to prove the fault each other to get a divorce. No-fault divorce is most preferred and legal in all US states.

Irrespective of the type of divorce, divorced couples can have disputes like property disagreements, child custody, financial matters, and other unresolved issues that the court sorts.  However, fault divorce can lead to more enormous gains for the party who was not at fault. 

Annulment

An annulment is filed when either party thinks the marriage should not have happened in the first place. The legal grounds for seeking an annulment can vary from one state to another. However, some common grounds are the same in almost every state. 

  • Either of the partners was tricked or forced into the marriage
  • Either of the spouses was still in an existing marriage at the time of another marriage
  •  Either of the partners was under the influence of alcohol, drugs, or unstable mental health at the time of the marriage
  • Incestuous marriage
  • One spouse hid a severe problem like a criminal record, substance abuse, child abuse, or disease.

Related Articles

Leave a Reply

Back to top button