The Difference Between Divorce and Annulment

Although most everyone is familiar with the concept of divorce proceedings when seeking to divorce a spouse not everyone understands the difference between divorce and annulment. In this article we will take a closer look at the meaning of annulment and the reasons one would seek to annul a marriage.

What is annulment?

An annulment is a legal process of declaring a marriage null and void. It is a legal dissolution of the marital union.

What is the difference between annulment and divorce?

In divorce even though the legal bond of matrimony has been dissolved the marriage is still recognized to have previously existed prior to the state of divorce. In annulment the marriage is not recognized since it is considered to have never existed.

What are the reasons why one would seek annulment?

There are many reasons that one may seek to have a marriage dissolved through annulment. Those reasons may include the following:

Mental incompetence

Bigamy

Too young to marry without parental consent

Under the influence of drugs or alcohol at the time of the marriage

If partners are blood related

Adultery

Desertion

Prior criminal record

Partner has sexually transmitted disease

Partner is sexually dysfunctional

Physical or emotional abuse

Who can seek an annulment?

Annulment can be sought by one of the marriage partners, a parent or legal guardian. In the case of a minor marriage partner or that of an individual who is not mentally competent a parent or legal guardian is within his or her rights to seek annulment. In most instances an annulment may be sought anytime up until the minor becomes of legal adult age. In other cases there may be a time line of ninety days.

There are two types of annulment. Civil annulment is annulment through the government. Religious annulment is annulment through the church. Grounds for annulment through the church may vary from grounds for annulment through the government.

Why would a person seek annulment through the church?

A person may seek annulment through the church after obtaining a civil annulment. A religious annulment is sought so that if a person chooses to get married at a later time the second marriage may take place in the church and is recognized by the church.

Grounds for annulment may vary from state to state. In the case of annulment of a long-term marriage partners are entitled to property division, custody, visitation, child support and alimony. If seeking annulment consult legal counsel for grounds, rights and information regarding annulment in your state.