Annulment Versus Divorce

This article examines the difference between annulments and divorces. Topics discussed include annulment, divorce, difference between annulment and divorce, and grounds for annulment. Prior to filing for a divorce, couples often wish to know if they are eligible to file for an annulment. Before taking legal steps to end a marriage, it’s important to know the legal distinctions between a divorce and an annulment.

Divorce

Divorce is the dissolution of a legal contract of marriage. While a divorce puts an end to a marriage, the law will always recognize that the parties were once married and may enforce financial and property obligations against either of the former spouses as a result of the marriage. Most states allow divorce on the following grounds:

• Irreconcilable differences: Commonly known as a “no-fault” divorce, “irreconcilable differences” simply means that the parties, without placing blame, recognize that the marriage is irretrievably broken and that they can no longer continue as husband and wife.
• Mental Cruelty:  As used in a divorce petition, mental cruelty means anything from having an affair to incessant arguing and the calling of names.
• Physical Cruelty: When a party charges physical cruelty in a divorce petition, he or she typically has to prove that physical abuse or involuntary imprisonment took place during the marriage.

Difference Between Annulment And Divorce

Unlike a divorce, an annulment of a marriage acts as if to turn back the hands of time and declare, as far as the law is concerned, that the marriage was never valid to begin with. While two married parties who divorce can continue to have legal obligations to each other (child support, spousal support, etc), parties who have their marriage annulled walk out of the courtroom with no more legal significance to each other than two strangers who pass on the street.

Typically, parties seeking an annulment must have been married a short period of time (usually two years or less). While the grounds for an annulment vary from state-to-state, most states recognize the following grounds for annulment:

• Bigamy;
• Consanguinity (being closely related by blood);
• Lack of capacity to consent to marriage;
• Inability to consummate the marriage; or
• Fraud

Effect on Property Rights: By virtue of being married, two parties acquire interest in property obtained during the course of the marriage. While courts may differ on how to divide up the property on a state by state basis, there is no question that both parties in a marriage are entitled to some portion of the marital estate. In an annulment, there is no marital estate, as valid marriage never took place. Accordingly, no marital property rights were ever created to property acquired during the course of the invalid marriage. Most states, however, have guidelines for dividing up property accumulated during the course of a marriage that is later annulled.

Effect on Child Custody: In all states, children born during the course of the marriage are presumed to be children of the marriage, meaning that the law presumes the wife is the biological mother and the husband is the biological father. When the parties divorce, the court must resolve issues of custody, child support, and visitation. Though rare, children are sometimes born of a marriage that is later annulled. However these children are not considered “illegitimate” simply because the marriage has been annulled. In such cases, the court will treat issues of custody, visitation, and child support much as it would in the case of a divorce.

Divorce and Annulment: Outcomes

Once a marriage has been dissolved by divorce, the legal contract that comprised the marriage is ended. Though the parties are no longer married, the legal system will forever recognize that a marriage between the parties took place. From time to time, the parties may return to court to ask for additional relief based on the past marital relationship.

However, an Allument effectively voids the marital contract that once existed. Though the parties may return to court regarding issues such a child support, visitation, and custody, in the eyes of the law they were never married.

Do You Need A Lawyer?

Both annulments and divorce agreements can be tricky, though for different reasons. Courts generally do not like to grant annulments. Before spending your time and money investing in filing for an annulment, it is advisable to consult with an attorney to determine if an annulment is possible in your case. More often than not, divorces often involve lengthy and complicated negotiations. Before negotiating or signing a marital settlement agreement, it’s always a good idea to meet with a competent family law attorney to determine what your rights are.

Though annulments are often more desirable because they invalidate a marriage entirely, annulments are not always more beneficial to the parties involved. Prior to seeking an annulment or a divorce, make sure that you research the laws in your state thoroughly in order to make a well-informed decision regarding your future.