The decision of getting a divorce is taken after a lot of consideration, and is considered a full and final end to a marriage. However, there are two ways in which you can end a marriage- though a divorce or through an annulment.
Annulment and divorce are legal processes used to end marriages, but they are distinct in their effects and implications. Click here if you want to make the right decision for ending your marriage.
Today we shall talk about the difference between divorce and annulment for your better understanding.
Points of Difference Between Annulment and Divorce
Here are the key differences between annulment and divorce-
1. Definition:
Annulment: An annulment is a legal declaration that a marriage is null and void, just like it never existed. It states that the marriage was invalid from the beginning, often due to specific legal grounds.
Divorce: Divorce, also known as dissolution of marriage, is the legal termination of a valid marriage. It claims that a valid marriage once existed but is now being legally dissolved.
2. Grounds for Termination
Annulment: To obtain an annulment, one must prove specific legal grounds, which vary by jurisdiction but typically include factors like fraud, bigamy, lack of consent, impotence, or underage marriage.
Divorce: Divorce does not require proving any specific grounds. Most jurisdictions now have “no-fault” divorce laws, allowing couples to divorce without assigning blame or proving misconduct.
3. Legal Status
Annulment: When a marriage is annulled, legally, the parties are considered to have been unmarried from the beginning, and there are typically no spousal rights or responsibilities.
Divorce: After a divorce is finalized, both parties are considered to have been married and divorced. Spousal rights and responsibilities, such as property division, alimony, and child custody, are addressed through the divorce process.
4. Child, Property and other Divisions
Annulment: Since an annulment declares the marriage to have been void from the beginning, the legal implications for child custody and property division can be different from those in a divorce. However, some jurisdictions may still address these issues similarly to divorce.
Divorce: Divorce involves the division of marital property and, in cases with children, the determination of child custody, visitation, and child support arrangements.
Parting Words
It is only after understanding the clear meaning and implications of annulment and divorce that you must decide what you want. However, in both the situations, you will need the assistance of a competent attorney to ensure your process is smooth and hurdle-free. You can also consult with an attorney to decide whether you want annulment or divorce.
