Divorce vs. Annulment – How Are They Different?
Although both a divorce and an annulment have the same results, they actually differ quite a bit. Ultimately, your marriage will be dissolved once either process is finalized, but only a divorce acknowledges that the marriage existed. An annulment essentially treats the marriage as though it never took place.
Any married couple can get a divorce. However, an annulment may only be granted if the marriage was never legitimate or legal. Continue reading to learn more about why a marriage may not be legitimate.
Understanding the Difference Between Annulment and Divorce
An annulment is essentially a type of relief for those who end up in circumstances resulting in a marriage that should have never taken place.
Below are the following legal grounds for obtaining an annulment:
- One of the spouses deceived the other. For example, if a spouse was already married or lied about his or her age, it could be grounds for an annulment.
- One of the spouses concealed a major fact, which might have otherwise prevented the marriage, such as a felony conviction.
- One of the spouses did not inform the other of incurable impotence or the spouses are too close in familial relationship.
- One spouse did not have the mental capacity to consent to the marriage or one or both spouses were forced into the marriage.
- One spouse does not want to have children.
If any of these apply to your situation, your marriage may be successfully annulled. Since these facts are typically discovered early on in the marriage, annulments are often less complex than divorce and there is generally no property or assets to divide. That said, it is not unheard of for a long-term marriage to be annulled, though such situations are more complex. If you have children throughout the course of a marriage that is eventually annulled, they will not be considered illegitimate.
Given the complexities involved in this process and in proving that the marriage should never have occurred, it is crucial to secure skilled legal counsel to ensure you obtain the results you need.
Reach Out to Our Legal Team to Learn More About the Process of Seeking an Annulment!
If your marriage occurred due to fraud, lack of consent, or other means that should result in an annulment, you will need experienced legal guidance on your side. At Dale L. Bernstein, Chartered Law Office, our family law attorney will help you annul your marriage and advise you of your rights. Backed by more than 33 years of experience, you can feel confident in the outcome of your case.
Call our law office today at (727) 312-1112 to schedule an appointment and discuss the details of your case.