When it comes to ending a marriage, there can be some confusion between choosing an annulment versus divorce proceedings and which option is most suitable. Yet some fundamental characteristics of divorces and annulments play crucial roles in finding the most beneficial end to a marriage for one or both parties.
Additionally, long-term understandings could cause someone to overlook the most suitable option, for instance, uncertainty regarding whether an annulment is still an option after so many years of marriage.
This article breaks down how each process works and situations where one may be preferable.
What Is an Annulment?
An annulment is a legal procedure through which a marriage between two people is deemed null and void. In the eyes of the law, it is as if they were never married in the first place. As such, there are often fewer concerns, such as division of property, to worry about, allowing the marriage dissolution to occur quickly.
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When to Get an Annulment
Because of the requirements for an annulment, obtaining one is not always possible. It only gets granted in certain situations, including:
- The marriage occurred through fraud or coercion
- One spouse is unable to have children and lied about it
- One spouse was legally married to someone else at the time of the marriage
- One or both persons were underage and unable to consent legally at the time of the marriage
- The couple did not consummate the marriage due to physical inability
- One party was not of sound mind due to the influence of alcohol, drugs or a mental disorder
- The spouses are too closely related to qualify being married to each other
Each state has its own specific grounds for an annulment, so check your state laws. Texas has a mandatory 72-hour waiting period to be married once a couple receives their marriage license. A court may grant an annulment should the marriage have occurred within that three-day window, provided the request gets made within 30 days of the wedding.
A Time Limit For Annulments?
Most annulments occur within the first year or two of marriage but many states do not have a statute of limitations creating a time limit as to when you can file. Since the marriage is not valid, you can obtain recognition of that at any time.
Hearing for an Annulment
When one party files a petition for an annulment, the other has the opportunity to respond. If the couple does not agree on the annulment, the court will hold a hearing to determine if the marriage was valid when both spouses entered it.
Common Annulment Outcomes
Because of the particular circumstances necessary to get an annulment, there is no guarantee a judge will grant one. If you fail to demonstrate the required factors to earn an annulment, you must instead file for divorce.
If the court rules in your favor and grants the annulment, it immediately declares that the marriage was never valid. There are significant implications for both parties. Below are a few examples.
- Prenups and postnups: Because prenuptial and postnuptial agreements apply to a marriage, an annulment often erases their validity and ends any related obligations.
- Property and finances: The court may decide you are not entitled to any property or money obtained by your partner during the marriage. In some states, like Texas, the court may still seek to divide property in a way deemed fair to both parties.
- Children: Children born into an annulled marriage are considered legitimate. The parents can seek custody and child support.
Annulments have higher standards that can be more difficult to meet than a traditional divorce. However, they often take less time to carry out without nearly as much time spent dividing property and finances.
What Is a Divorce?
Divorce is a formal method for dissolving marriage. The process begins when one spouse petitions for divorce. At least one must meet the state residency requirements. States require the petitioning spouse to prove the other party received their paperwork.
A divorce resolves all the marriage issues, including the division of assets and debts, spousal support, custody, and child support.
The rules regarding how and when you can file for divorce vary from state to state. Also, there are different types of divorce for which you can file, as detailed in the sections below.
Fault vs. No-Fault Divorce
When people think of divorce, it is often either of these types, with no-fault filings as the most common because they are easier to obtain, with no requirement to prove a reason for the divorce.
A fault divorce states that one party is at fault for the end of the marriage Grounds for this type of divorce include adultery, cruelty, or desertion. The defendant or respondent can challenge the grounds for divorce and present evidence against it. If successful, this can stop the divorce proceedings. Meanwhile, no-fault divorces do not require any proof of wrongdoing and are granted whether the defendant or respondent agrees.
Divorce vs. Legal Separation
An absolute divorce is the lawful termination of marriage, in which both spouses revert to being single. The divorce decides property division, spousal support, custody and child support.
That is different from a legal separation in which the couple’s right to cohabitate gets terminated, but they remain legally married.
Waiting Periods for Divorce
Some states impose a waiting period between the time one or both parties petition for divorce and the soonest the court can legally end the marriage. Sometimes known as a cooling-off period, twenty-one states currently have this requirement so that couples do not divorce in haste.
Divorce Negotiations vs. Going to Trial
Many divorces settle, either through negotiations between the parties or through mediation. If a couple cannot agree, their case will go to trial. In that case, both sides may call witnesses or present evidence to help decide the outcome to their advantage. Following a trial, the court makes a final, binding decision concerning matters like custody, alimony, and division of property to which both parties must adhere.
Many parties try to settle because it is less expensive than a full-on trial.
Annulment vs. Divorce: Bottom Line
It is crucial to recognize that statutes governing annulment and divorce vary from state to state; what can be an advantage in one location may be disadvantageous elsewhere. No matter the location, it is crucial to consult an attorney before moving forward with an annulment or divorce. Likewise, if your spouse serves you papers, seek legal advice regarding your options for fighting the divorce or seeking the best possible outcome.
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Frequently Asked Questions (FAQs)
What is an annulment?
An annulment is legal proceeding in which a marriage is deemed null and void. In the court’s eyes, it is as if the couple was never married.
What is the difference between a divorce and an annulment?
A divorce holds that the spouses were previously married but chose to legally separate. An annulment, however, legally determines the marriage was never valid.
How do I get a divorce?
To get a divorce you must file the necessary forms with the court in your area. You will need to serve the papers on your spouse. The case will then move forward into discovery and settlement talks. If it does not settle, it will go to trial and the judge will make a determination.
How long will it take before my divorce gets finalized?
Because the divorce process varies, it may take anywhere from two to many months. Length may be impacted by factors such as child custody or whether the divorce was disputed.
