There are two ways to end a marriage: by divorce or annulment. Both achieve the same purpose regarding marriage termination. However, it’s the grounds and implications between the two that differ.
To the layman, these terms can be pretty confusing. But if you and your spouse are looking to go your separate ways, it’s necessary to know the differences between the two and what they mean for you.
So, what is the difference between annulment and divorce? An annulment means you’re declaring the marriage null and void. In other words, you’re wiping your nuptials off the record by saying it never existed, technically.
A divorce means you’re acknowledging the marriage did exist but are choosing to dissolve it after proving irreconcilable differences. Let’s explore these concepts further.
Grounds For Annulment
When you apply for an annulment, you’re canceling a marriage and declaring it invalid. Either party to the marriage can initiate the annulment. However, you’ll need to prove the grounds for this action, which are a bit difficult when compared to the grounds for a divorce.
You’re only granted an annulment by the courts if you can prove certain scenarios such as bigamy. This happens when either party is already married to someone else at the time of the marriage. If you can prove that you were forced or threatened into the union, it can also be grounds for annulment.
If you wound up tying the knot based on misrepresentation from your spouse, your case for annulment holds weight. Also, if you can prove that you got married at a time when you were not mentally stable, you may be eligible for an annulment. The same goes for walking down the aisle while under the influence of alcohol or drugs.
There are also some problems that may not be discovered until after the union, such as impotence, which can be grounds for annulment. Underage or incestuous marriages can also nullify a union.
Grounds For Divorce
If you want to file for a divorce, you’re acknowledging that the marriage did exist legally, but you want to end it anyway. You have two options if you decide to go ahead.
The first is to file for a no-fault divorce, in which case neither you nor your spouse accept legal blame for the breakdown of the marriage. To file for this type of divorce, you and your partner should have been living separately for six months if you don’t have kids under the age of eighteen. However, if minors are involved, then you should have been living separately for a year.
The other option is a fault divorce, where one party has to prove that their significant other violated certain matrimonial laws. Adultery, emotional or physical abandonment, and physical or emotional abuse are just some of the reasons that warrant a fault divorce.
Consequences Of An Annulment And A Divorce
Whether you decide to apply for an annulment or file for divorce, the result is you’re ending your marriage. However, the implications in both cases tend to differ. For instance, an annulment restores both parties to life before the union. After an annulment concludes, you are no longer legally bound and you retain all the property you owned before the union.
Both parties revert to the financial position they were in before the marriage, meaning you don’t have to pay spousal support. The only exception is if there’s a child or children involved. Child support isn’t scraped off the table in an annulment, but your marital status changes back to single and doesn’t affect your personal records.
The implications of a divorce are far more involved, and spouses usually have life-long obligations to each other. Questions regarding property division and alimony need to be addressed and ironed out. Child support should be paid, as is the case with an annulment. Also, your marital status changes to divorced, so your new status follows you on your personal records.
To avoid getting the short end of the stick regarding these implications, you may have to pay an average retainer fee for a divorce lawyer and get legal representation.
Conclusion
When you or your spouse decide to end your marriage legally, you can opt to annul it or file for a divorce. To ascertain which route to go depends on the grounds. Bigamy, duress, fraud, or underage marriage are some of the situations that justify an annulment.
To file for a divorce, you may need to prove that your spouse cheated, was abusive, or deserted you. If you’ve been living apart for a long period, you can apply for a no-fault divorce. Either way, annulment and divorce have different implications, with the latter having far-reaching consequences.
If you’re curious about what percentage of military marriages end in divorce, you can learn more here.