What is the difference between divorce and annulment? The differences are major but not wildly known in most communities throughout the United States. The term “annulment” is thrown around quite a bit, but a few requirements must be met to obtain one. In most cases, an annulment is only available if the marriage occurred within the last year and if both parties agree.
Additionally, there must be proof that the marriage was never consummated. If these requirements are met, the annulment process can begin. Like divorce, annulment is handled by a court. However, unlike divorce, which ends a valid marriage, annulment renders the marriage null and void, as though it never happened.
This blog will explore some of the biggest differences between divorce and annulment and outline how an attorney will assist you with either option.
According to the CDC, 630,505 Americans experienced divorce in 2020 at a 2.3 per 1,000 population rate. While divorce is not uncommon in the United States, annulment is rare, as very specific circumstances must apply in order to file as a couple or individual for a marriage annulment.
While the process and grounds for annulment vary from state to state, specific requirements apply nationwide. Either party can initiate an annulment case in a marriage. The person creating the dissolution must prove that they have the grounds to do so, and if it can be proven, the court will consider the marriage null and void. Generally, grounds for annulment fall into four categories: unsound mind, fraud, force, or physical incapacity.
When considering an annulment, seeking qualified legal counsel is essential to discuss the best course of action. While annulments may seem like a simpler alternative to divorce, they come with their own set of challenges and complexities. Consulting with an experienced attorney can help to ensure that your rights and personal interests are protected throughout the process.
Divorce, or the legal dissolution of a marriage, is the ending of a valid marriage, returning both parties to single status with the ability to remarry. Although divorce laws vary from state to state, all states require that the parties file a petition or complaint for divorce, serve notice on the other party, and obtain a divorce decree from a court.
The grounds for divorce vary from state to state, but most states recognize grounds such as adultery, desertion, cruelty, and mental illness. In addition, many states now allow for no-fault divorces, which do not require the parties to prove fault to obtain a divorce. As a result of these varied requirements, the process of getting a divorce can be complex and time-consuming. However, both parties are free to remarry once the divorce is finalized.
Family law can be complex and overwhelming. You need an experienced team on your side who understands the ins and outs of the system and knows how to get you the best possible outcome.
At SLG Family Law, we take a strategic approach to family law tailored specifically to each client’s unique needs. We understand that every case is different, and we are committed to finding a solution that works for you – and your family. Contact us today for a free initial consultation.
Very hardworking and thorough about everything. It was a long and difficult battle, but Mr. Boszko and his paralegal worked hard and did the best they could for me. Always returned calls and emails quickly enough, and was very dedicated to my case, however heavy his workload may have been.
A big thank you to Robert Boszko and Yana Beshta for their support and expertise during a contested divorce process. Their professionalism made a difficult situation manageable. Very pleased with the legal knowledge and follow through throughout the proceedings. Robert was confident and delivered on his promises. His knowledge of…
SLG Family Law was recommended by a friend and I am so glad we hired Robert Boszko to represent our father in his divorce. Robert was very thorough, was an expert in the law and proceedings and provided all the appropriate direction, paperwork and tutelage needed for a stressful process.…
Mr. Maurer is a top-notch attorney. He came on board during the latter part of my complex divorce, and it made all the difference. With his involvement, I finally found peace of mind, knowing my case was in capable hands. His impressive legal expertise, genuine care, and impeccable professionalism left…
Attorney Sara Nolan and Mackenzie were truly a God send in my life. They helped me navigate through the divorce process and were extremely knowledgeable. I am so glad I didn't have to go through this divorce process alone. If you are going through a divorce please reach out! You…
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