Introduction:
Nowadays the most common thing which takes place in our society is either annulment or divorce. There are a number of pros and corns in the case of both. So before deciding which situation is best for one they have to understand how annulment and divorce differ from each other. Both annulment and divorce is a legal method to end a marriage but they differ in how the marriage is treated. An annulment ends a marriage that is invalid from the starting while a divorce is the end of a legally valid marriage.
Definition
An annulled marriage is a legal perspective that means that the marriage had technically not existed and was not valid. Legal procedure which cancels a marriage is known as annulment. Every state has its own laws on grounds on which divorce or marriage annulment takes place. Either of the party can file the case for the annulment of marriage. The party which files the case must have the proof for the marriage to be considered null and void as court works on the evidence.
Grounds of Annulment
The grounds on which the annulment can take place are:
- Underage Marriage: If any one of the spouses is below the marriageable age and the marriage they have entered into is without the court approval or parent’s consent.
- Mental Incapacity: At the time of marriage if any one of the spouses is under the influence of alcohol and drugs and is not able to make an informed consent.
- Bigamy: If at the time of marriage any one of either party is married to another person.
- Mental Illness: If at the time of marriage either spouse is emotionally disturbed or mentally ill.
- Fraud: Based on the lies or misinterpretation of another person one of the spouses agrees to marry.
- Inability to Consummate Marriage: If either spouse is not capable of having a sexual relationship or is impotent at the time of marriage.
- Forced Consent: If one of the spouses is forced or threatened into marriage and has entered into it under pressure.
- Marriage Prohibited by Law: If marriage between parties is based on their familial relationship then it is considered to be incestuous.
Differences between Annulment and Divorce
Just like annulment cases every state has its own set of laws regarding divorce. In divorce cases generally, debts are settled and assets are divided. If children are produced in marriage then there will be divorce proceedings to determine the custody of the child, visitation rights and spousal, and issues regarding child support. The legal dissolution of a marriage or divorce is an end to a chapter of a valid marriage in which both parties return to their single status and have the ability to remarry.
Every state can have a fault divorce or a no-fault divorce. A no-fault is the one that allows a legal marriage to dissolve with no spouse named to be the guilty party and it can cause the marital break-up. Nowadays many states are offering the option of no-fault divorce, in which dissolution of legal marriage takes place where neither of the party takes the blame for marital breakup. If a party is found to be guilty then legal separation for some waiting period is required before a no-fault divorce can take place.
How simple or complex an annulment or divorce takes place depends upon the situation and the law of the state. In order to know if an annulment or divorce is right for you, one should be familiar with the laws of the state so that they know what their rights are in case of marital dissolution. There is a notion that if one wants to get divorced they have the option to get their marriage annulled but it is not true in most of the cases even if the marriage time period was very less.
When there is an annulment v. divorce it is easy to get divorced as all the states have no-fault divorce. The grounds at which annulment is given are very specific and it has to be proved with required and justified evidence for a marriage to be annulled. By filling uncontested, no-fault divorce with an agreement reviewed by an attorney, one can get a divorce quickly. A quick divorce can save a lot of stress and also money which is spent on legal fees. The divorce can end the story of the marriage but the obligation of one spouse to another will always remain. In case one spouse is financially more sound than the other in the relationship then the well of the spouse is entitled to support the other, give alimony, help the other to establish a new force divorce life.
The issue of division of property on which method a couple chooses to end their marriage. The legal method in which one chooses to end the marriage depends upon the state the person resides in. There are a number of situations annulment benefits than divorce. Finance is one of the major reasons to opt for annulment over divorce. In many states an annulment officially means there has been no union between them or the marriage is invalid hence there will be no division of property because all the debts and property are assigned to the person who owned them prior to the marriage. Another factor for choosing annulment is that after marriage you came to know something about your spouse which you were not aware prior to marriage. For example, one spouse was not aware of the fact that the other one was legally married to someone else or a spouse did not disclose the fact that he was very badly in debt which would become a new problem for them in their marriage. Any failure in disclosing a material fact would be the ground for annulment. Before deciding annulment or divorce the advice of family law attorney should be taken into consideration.
In the case of annulment, there is no waiting period whereas in some states when divorce is filed there is a waiting period. For annulment, there is no minimum residency period required whereas for divorce minimum residency period from 60 days to 6 months is required depending on the state.
If an annulment is granted because marriage was deemed to be a fraud then any transactions which have taken place in marriage between the two will be invalid. If anyone of the party believes that their marriage is valid and the other believes it to be not valid then the courts will likely award lawyer’s fees to the party who believes that the marriage is valid.
If a person wants to remarry then the process of annulment is faster than divorce. On the finalization of annulment only pensions, insurance benefits, and social security benefits will be reinstated. If there is any pre-nuptial agreement with the spouse, then after an annulment is granted, the pre-nuptial agreement is considered to be null and void, and the same is in the case of a post-nuptial agreement.
It is very difficult in some cases to qualify the requirements of annulment. An annulment deals with issues and faults such as an underage marriage, fraud, impotency, force, and bigamy while divorce can be filed as no-fault. In case of annulment on should prove their allegations of fault but a divorce does not require to offer any proof of fault. When it is filed under irreconcilable difference or no-fault.
When an annulment is being finalized in the court then both the individual presence is required whereas in divorce the decision can be given even if either party has not appeared in court. In an annulment, the financial issues are back to what they were prior to marriage but in case of divorce spousal support as well as retirement, division of all assets should be determined and the disability benefits are also determined. In annulment pre-nuptial or post-nuptial agreements are not upheld whereas in divorce pre-nuptial or post-nuptial agreements are upheld.
An annulment legally make marriage invalid so the person is free to remarry regardless of the restriction of one’s religion. If marriage is annulled and the person is considered to be unmarried and single in case of annulment. In case of divorce depending upon the religion one has to face their difficulties in remarried.
In a divorce, the spouses are entitled to spouses’ support, retirement benefits, social security benefits, and also a portion of another property or assets that they occurred during the marriage. In annulment as marriage will be as though it never occurred. It offers non- of the above benefits that are no spousal support from either spouse, each spouse will retain their assets which they had when the marriage occurred whether they reside in a community property or equitable state. So in annulment, no arguments will take place over the division of assets including retirement benefits.
When annulment takes place, the court seeks to restore the financial state he or she had before the marriage. This means that if at the time of the marriage one of the spouses is financially weak then it will be advantageous for them to file for divorce than to go in for annulment.
Responsibility of Children out of Wedlock
If following the marriage, both the spouse have children then the children are considered to be legitimate in both case whether the marriage is annulled or divorce. Both the parents are legally obligated to support financially the children whether one has obtained a divorce or an annulment. If both the parents are not able to come to a mutual agreement regarding visitation and custody following an annulment and divorce then the court will determine the visitation and custody. If both parents have children then it makes no difference whether the marriage is annulled or one has taken divorce.
As it looks annulment is not a very simple procedure. Unlike no-fault divorce, annulment requires one of their party to prove an element of fault. This results in hotly contested arguments than divorce proceedings. If the seek support and division of property in annulment proceeding then they must show that they are qualifying as a putative spouse. Expert analysis and presentations require a degree of proof. In most of the cases, it is seen that the facts given are very intensive so it requires an extensive investigation. To proof, the grounds for annulment at times witnesses or expert testimony is required.
In order to maximize the benefits and to minimize the disadvantage of annulment of divorce, retaining legal representation is a wise course. An annulment is a very old fashioned remedy to escape hatch which is adopted by state legislatures as certain religious groups publicly oppose divorce.
Conditions for Annulment and Divorce
If any spouse has adequate grounds to prove then a fault divorce is granted. These grounds vary from state to state just like in the case of annulment. Some of the grounds in case of annulment and divorce are common. They include addiction to gambling, alcohol, drugs, conviction of a crime, and incurable mental illness. The major grounds for acquiring divorce are:
- Physical or Emotional Abuse: If any one of the spouses attacks the other physically or violently or emotionally or psychologically using abusive language and threatening physical violence.
- Adultery: During marriage if both or one of the spouses engaged in extramarital relationships with others.
- Desertion: If for a lengthy period of time one of the spouses abandons physically and emotionally the other spouse.
Conclusion
Just like annulment, a divorce also ends a marriage. The spouses again become single and are free to remarry. But annulment goes a step forward by making the marriage void, as though it had never occurred. For annulment, one has to prove that their marriage is voidable which means that though the marriage was valid it has to be nullified. Annulment cannot be for everyone, only a very small percentage of marriages qualify for annulment. Before deciding to go in for annulment or for divorce one should talk to the family attorney, discuss the rights, and then choose the option.
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