How Divorce Is Different From Annulment?

Both divorce and annulment end a marriage. No doubt, they both have the same end result but are much different from each other. These are two ways that are used to leave a marriage legally. Legally, one of the biggest differences between an annulment and a divorce includes the type of evidence that is required for obtaining them.

The differences between these two procedures also include the obligations from and to the former spouse. While considering ending a marriage, it is always better to talk to a knowledgeable family law attorney in order to discover whether the marriage should end through a divorce or it should end through annulment. With a divorce, the person is still considered to have been previously married. While on the other side, there is nothing such in the terms of an annulment, as in an annulment, it is like it never existed. Certainly, both annulment and divorce effectively end a marriage but are two separate processes with very diverse legal consequences for a couple.

Annulment:-

An annulment is a legal procedure with which a marriage is put to an end by declaring it void and null. It is possible to grant an annulment if the marriage is considered to be either defective or was not at all valid in the first place. In California, an annulment is based upon contesting the genuine legality as well as the validity of the marriage itself, along with the purpose of erasing the marriage from the past. It is a procedure that results from a voidable marriage. It is a relief for those who were placed in circumstances where they never should have been married.

From a legal perspective, such marriage is erased and is declared that it was never valid and never technically existed. After any time of the marriage, an annulment can be applied. However, the grounds for seeking it are limited and are also often hard to prove. An annulment is also a form of relief for people who were positioned in situations in which they should never have been married.

Divorce:-

Divorce is one of the most common procedures to end a marriage. It is a court-ordered procedure used to dissolve a marriage. For a divorce, a couple can file with mutual consent where there is no ‘guilty’ party or anyone partner who is responsible for the breakdown of the marriage. In this legal process, the court formally ends and dissolves a marriage. however, to qualify for a divorce, it is essential to meet the specific legal requirements of the state.

By almost every state, a no-fault divorce procedure is offered, in which neither the spouse blames the other for the demise of the relationship. Some states also permit spouses for filing a fault-based divorce. what matters most for a divorce is to prove that the relationship has broken down irretrievably. Its major grounds are:

Desertion:- In this one spouse abandons the other, emotionally and physically, for an extensive period.

Adultery:- In it, either one or both the spouses engages in extramarital relationships with others while being in the marriage.

Emotional/Physical Abuse:- It is the situation where one spouse subjects the other for physically or violently attacking, or doing any emotional or psychological abuse like threats of physical violence and use of abusive language.

The biggest variation between an annulment and a divorce is that the purpose of a divorce is to end a legally valid marriage, while that of an annulment is to formally declare that a marriage was legally invalid. Also, there are differences between these both when it comes to the spousal support (alimony issues) and distribution of the property.

In case you want to put your marriage to an end for any reason, but don’t know which procedure will be better for you and your conditions, then at such time it is suggested to consult a professional family law attorney to guide you the best for you. The attorney will also help you throughout the process.

Reape-Rickett Law Firm provides accomplished legal representation in divorce, annulments, domestic violence restraining orders, paternity, child custody and visitation.