For many people, their wedding day is the most special day of their life. Most don’t think about their marriage coming to an end, but unfortunately, it happens all too often.
A separation is never easy, especially when there’s complex legal processes involved. Depending on your situation, you could be looking at getting either a divorce or an annulment. However, many people are unaware of how these two processes differ.
In this annulment vs divorce guide, we’ll cover the key differences between the two so you can get a better idea of what to expect. Keep reading for more.
What Is an Annulment?
An annulment is a legal ruling that brings a marriage to an end. It does this by formally declaring that said marriage isn’t legally valid and is therefore null and void.
After an annulment, the marriage records remain on file. It doesn’t mean the marriage never happened, but it means that it wasn’t legally valid at all.
What Is a Divorce?
The main difference between annulment and divorce is that a divorce applies to a valid marriage. It’s a legal termination of a legal marriage that ends it and declares both parties are once again unmarried.
A marriage involves certain rights, duties, and obligations between the spouses. After a finalized divorce, all of the legal implications of marriage are no longer recognized.
Legal Grounds for Annulment vs Divorce
When understanding the differences between divorce and annulment, it’s important to note that while they differ, both are legal processes. You should understand the grounds for each, as with no reasonable grounds, neither can proceed.
Many couples seek an annulment rather than divorce when they believe there was something to make their marriage illegal in the first place. Divorce is more common when both parties acknowledge the marriage, but one or both want to end it.
Regardless of your outlook, it’s imperative to seek the guidance of an experienced family law attorney to ensure your rights are protected through the legal process.
Fault vs No-Fault Divorce
There are various reasons someone may want a divorce. Some of the most common reasons include adultery, abandonment, and imprisonment. The party that wants a divorce must prove that the other party is at fault.
In a no-fault divorce, neither of the parties involved needs to prove the other is at fault. These divorces are legal in every state, and they’re often cited with the grounds of “irreconcilable differences“.
Regardless of the divorce type, disputes regarding things like finances, property, and children are still common and must go through court proceedings. In a fault divorce, the party that’s at fault will often get a smaller settlement.
Annulment
In an annulment, at least one of the parties believes that the marriage was never valid. The grounds for annulment vary by state, but it usually requires one of the following to be true:
- One or both parties were forced into the marriage
- One or both parties were tricked into the marriage
- One or both parties were already legally married
- One or both parties were unable to make the decision due to alcohol, drugs, or mental disability
- One or both parties were under the legal marriage age
- One or both parties concealed a major issue (e.g. a child, a criminal history, substance abuse, or a serious illness)
- The marriage was incestuous
An annulment requires that at least one of these must be met and proven in court. Due to these annulment legal requirements, they’re less common than divorces.
Timing of Annulment vs Divorce
It’s not uncommon for people to think that a short marriage can be annulled, but the duration doesn’t serve as legal grounds for an annulment. Regardless of how short a wedding is, one of the above must be proven.
It’s important to note that if a marriage has lasted a long time, it may no longer be possible to get an annulment. It’s best to file for an annulment when someone becomes aware of an issue that calls for it.
An annulment can be filed within a short period after marriage, but this isn’t always the case for a divorce. Couples typically need to be married for a certain amount of time before they can file for a divorce. Some states even require that couples must live apart for a defined period before they can file for a divorce.
What Comes After?
What happens after each process is somewhat different. With an annulment, it’s as if the clock turns back to before the marriage took place. With a divorce, however, the couple may still have obligations to each other.
Finances
Things like spousal support and alimony are common after a divorce. One spouse may even have entitlement to some profits or property that the other party has gained.
As couples aren’t considered married in an annulment, this isn’t the case here. Each party simply reverts back to the financial state they were in before the marriage.
Children
If a couple has an annulment but they already have children, those children are considered “legitimate”. In general, the judge must look at the case during the annulment process to make a suitable decision about the children’s parentage.
This leads to decisions about custody and support requirements. This is typically the same for divorce proceedings.
Religious Annulments
Many religions have their own guidelines for both divorces and annulments. It’s worth noting that obtaining permission from religious leaders is typically a completely separate process from the legal side of things.
The rules within a given religion generally determine certain aspects, such as whether either party is allowed to marry again or even take part in other religious rituals.
Which Is Right for You?
When determining your options for an annulment or divorce, there is no one-size-fits-all approach. Regardless of your specific circumstances, finding an experienced lawyer will help the process go smoothly and protect the interests of your future.
The attorneys at New Direction Family Law are ready to provide you with guidance and legal help through your separation and divorce matters. We’ve been helping the residents of Raleigh and the surrounding communities with over 80 years of combined family law experience. Schedule a consultation to discuss your case, and we’ll help you find the best path forward. Call (919) 719-3470 or fill out our contact form today.
