What is Annulment?
An annulment could occur instead of a divorce when a court decides that a marriage was never truly a valid one. This could be for many different reasons that range from mental capacity at time of marriage to even bigamy. An annulment and divorce are quite similar, but also are different in some critical ways. If you are thinking about a divorce or an annulment, then there are some important factors for you to keep in mind as you go through your proceedings.
Reasons for an Annulment
There are a few reasons that a marriage may result in an annulment. Different states have different specifics when it comes to annulments, so discussing these matters with an annulment lawyer would be beneficial. Some of the reasons are as follows:
- Married to Multiple Persons – Being married to a different person at the time of your new marriage could be the basis for annulment.
- Underage – If one of the spouses or both got married while underage, they can annul the marriage until they reach adulthood. If they do not attempt to annul the marriage when they reach age 18, then they must file for divorce if they wish to dissolve the marriage.
- Lacking Mental Capacity or Ability to Consent – If the mental capacity of one or more of the spouses was not sufficient at the time of marriage due to a mental problem or if they were intoxicated on drugs or alcohol, the marriage may qualify for an annulment.
Key Differences Between Annulment & Divorce
If your marriage has been deemed by a court to be annulled, then this essentially means that the court recognizes that the marriage never happened. A divorce on the other hand is recognized by the court as having occurred, but ends on the basis of that court decision. In a divorce, one spouse can possibly receive spousal support from the other spouse if decided by a court. This is not the case with an annulment though. Since the marriage never was valid in the court’s eyes, this means that the spouses are not eligible to receive spousal support from the other.
An Annulment Lawyer Can Help
Legal counsel can help sort out your annulment if that is the path that you would like to take to dissolve your marriage. Experienced lawyers have helped with the annulment process for numerous people who have wished to end their marriage. Contact an annulment lawyer like those at Attorney Bernie today to get your started on the process.