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Divorce v. Annulment: Which Will Be the Best for Me?
28 Jan, 2023
Divorce

Divorce v. Annulment: Which Will Be the Best for Me?

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.

What is an annulment?

 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.

What are the basics of getting a divorce in Illinois?

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.

Contact an experienced family law attorney to represent your case.

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.

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