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What’s the legal difference between annulment and divorce?

Posted by 498A_Crusader on July 30, 2007

There are two ways to legally end a marriage – annulment and divorce. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid. A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide. 

An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:

Bigamy – either party was already married to another person at the time of the marriage

Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress

Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other

Marriage Prohibited By Law – marriage between parties that based on their familial relationship is considered incestuous

Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage

Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent

Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage

Underage Marriage – either spouse was too young to enter into marriage without parental consent or court approval

Depending on your state of residence, a divorce can be much more complicated than an annulment. Like annulment cases, each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has produced children, a divorce proceeding determines custody of the children, visitation rights and spousal and child support issues.

Each state can have either a “no-fault” divorce or a “fault” divorce. A no-fault divorce allows the dissolution of a legal marriage with neither spouse being named the “guilty party” or the cause for the marital break-up.

Many states now offer the “no-fault” divorce option, a dissolution of a legal marriage in which neither party accepts blame for the marital break-up. In the absence of a “guilty party,” some states require a waiting period of a legal separation before a no-fault divorce can take place. For this reason, in addition to cases where one spouse wishes to assign blame, some parties seek to expedite the legal process by pursuing a traditional, “fault” divorce.

A “fault” divorce is only granted when one spouse can prove adequate grounds. Like an annulment, these grounds vary from state to state, however, there are some overarching commonalities. These guidelines often include addition to drugs, alcohol or gambling, incurable mental illness, and conviction of a crime. The major grounds for divorce that apply in every state are listed below:

Adultery – one or both spouses engages in extramarital relationships with others during the marriage

Desertion – one spouse abandons the other, physically and emotionally, for a lengthy period of time

Physical/Emotional Abuse – one spouse subjects the other to physical or violent attacks or emotional or psychological abuse such as abusive language, and threats of physical violence

Your state law and particular situation will determine whether or not your annulment or divorce will be simple or complex. Familiarizing yourself with the laws for your particular state is the best way to learn what your rights are in the case of a marital dissolution.

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16 Responses to “What’s the legal difference between annulment and divorce?”

  1. known said

    Any good lawyers in Hyderabad who have successfully obtained annulment of marriages in AP High Court.
    deism . religion @ gmail . com

    //Check http://sahanaindia.org –eDitor

  2. Pinki said

    how long annulment takes after we file it?

    thanks

  3. Balasubramanian said

    I am grateful for a very comprehensive article on this subject. I am seeking to get the marriage of my son and my present daughter-in-law annulled as she is not able to lead a married life in its various senses. The marriage is a with a mentally challenged person – We were aware of the problem through their doctor at the time of the marriage, but we were informed that the symptoms have been fully resolved with medicines- which is not the case as she continues to have symptoms of the illness. I will be grateful for advice in this regard for proceeding with the annulment process.

  4. naveen garg said

    I am grateful for a very comprehensive article on this subject.if somebody has child but their marriage was not leagle. can this marrige can be declair annuled.
    please reply

  5. John said

    Any idea about Bavatharini, Chennai (Mylapore) Lawyer? For a real estate related case

  6. Wannagetout said

    I am married to this woman who has a very unpredictable personality. She has various psychological issues but is not ready to seek medical help. She abuses for no fault of mine. If she unable to sleep, she blames me and does not let me sleep either. Our marriage though 3 months old has not been consummated yet. I am very frustated. Last night she herself said that lets get separated. It was an arranged marriage and her parents were hyper an almost forced us to say yes in a short time. Can I seek annulment?

    • IamPADDY said

      Yo Wannagetout,
      You can get out if you can prove she is impotent. and its like wise for her as well. Can you prove you are not impotent to her parents ? ;-) It will be a sweet revenge – I know these types of girls – bloody b***tchs. :-@

    • IamPADDY said

      Wannagetout – if you need more info send me a test mail at rajesh_p_1980@yahoo.com. I can share some useful experience.

    • robin said

      Hi,

      I am in the same boat as yours …Best solution to this… get it annulled. dont live wid regret all ur life. Marriage is overrated.

  7. krish said

    We are separated after 5 day of marriage due to some serious problem (we don’t have any kind of relation in those 5days) & since last 4 months we are not living together. can this marriage nullified with mutual agreement/consent of both the parties.

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  12. Got married to a bitch said

    HI wanna get out .. I’m also facing the same problem .. have you found a solution ?

  13. was married on march 27
    AND WANNA GET DIVORCED HE HAVE NOT BEEN AROUND SINCE 97 3 MONTHS AFTER WE GOT DIVORCED.WHAT CAN I DO?
    n

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