When ending the marriage with your spouse, there are two options for handling it. You can get a divorce or have the marriage annulled. It's not possible for everyone to get their marriage annulled, since it is typically for marriages that don't last very long. In legal terms, annulments are to declare that a marriage never existed or was technically not valid. If you want an annulment instead of a divorce, you'll have to prove it to a judge.
Grounds For Annulment
The court looks at several considerations when determining if they will allow an annulment. If the marriage only lasted a week or so, it's more likely that an annulment will be granted. Keep in mind that your state may have specific laws regarding a maximum amount of time to be married for an annulment to be granted.
In addition, there are other considerations for annulments, which include an underage marriage, mental illness, forced consent, bigamy, and even if the marriage was not consummated.
Process For Annulment
When filing the paperwork for your annulment, it will be very similar to what needs to be done for a divorce. It starts by visiting a family court in your area and requesting the proper forms. You will use these forms to list personal information, as well as the reason why you want the marriage annulled.
You must be honest when filling out the forms for an annulment, even if it makes you feel embarrassed to do so. The judge will use this form to decide if the annulment will be granted. Be sure to make your statement honest, yet brief. Once you submit the forms, you will have a court date scheduled where you'll meet with a judge to discuss your requested annulment.
When To Choose Divorce
Annulments do not involve dividing property or assets. Since the marriage was very short, there is also no alimony that will be granted. When you have property that needs to be divided, or custody of children that is debated, a divorce will be the better option of the two.
No fault divorces are ideal when both spouses are not placing fault on the other person. Fault divorces are used if the marriage is ending because of reasons like adultery or abuse, where one person is to blame for the marriage dissolving.
For more information about annulments and divorce, speak with a family lawyer like John D Rouse in your area.Share
14 October 2016
While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!