When a couple decides to get a divorce, they go through a lot of changes. Not only are their lives turned upside down emotionally, but many practical considerations need to be made.
One of the most common questions people have is about the difference between an annulment and a divorce. In this blog post, we will discuss the key differences between these two processes, so that you can make an informed decision about what is best for you and your family.
Table of Contents
Annulment
An annulment is a legal process that voids a marriage. This means that, in the eyes of the law, the marriage never happened. There are a few different grounds on which an annulment can be granted, but the most common is if one of the parties was under 18 years old at the time of the marriage. Other
grounds can include fraud, force, or mental incapacity. An annulment is generally quicker and easier than a divorce, but it can be more difficult to obtain if the other party does not agree to it.
Divorce
A divorce, on the other hand, is a legal process that ends a marriage that is already valid. This means that both parties are in agreement that they want to end their relationship. A divorce can be contested or uncontested, but either way, it will take longer than an annulment.
In addition, there are many more financial and practical considerations that need to be taken into account in a divorce. However, a divorce does allow you to move on with your life without having to go through the legal process of getting married again.
Now that we’ve discussed the key differences between annulment and divorce, which do you think is right for you?
Choose between divorce or annulment
So, which one is right for you? If you are certain that you want to end your marriage and you meet the requirements for an annulment, then this may be the best option.
However, if you are not sure or if your spouse does not agree to an annulment, then a divorce may be the only way to go. Either way, it is important to consult with a lawyer to ensure that you are taking the correct steps for your situation.
Requirements and clarifications regarding annulment and divorce
When deciding to end a marriage, it’s important to understand all of your options.
When you divorce, the court will end your marriage and make decisions about your property, debt, custody, visitation, and support.
- You or your spouse must have lived in the country for at least 90 days before filing for divorce.
- If you have minor children with your spouse, you must have lived in the country for at least 180 days.
Divorce fault grounds include:
- adultery
- abandonment
- divorce fraud
- physical or emotional abuse
- conviction of a felony
- impotence at the time of marriage.
If you want to file for a fault divorce, you will need to prove your spouse’s actions to show that everything is correct
no-fault divorce:
divorce without having to prove that the other did anything wrong grounds:
- irretrievable breakdown of a marriage or one party has been mentally
- incapacitated for a continuous period of time (at least six months)
In a fault divorce, one party must prove that the other spouse did something wrong