What is the Difference Between an Annulment and a Divorce?

As spouses conclude that they should separate for one reason or another, they have two paths to choose. The first one is annulment and the second one is a divorce. Both these options have similarities and differences from the legal perspective. This article will provide an explanation regarding these forms of separation.

Primary differences Between Annulment and Divorce

While the divorce process ends the marriage, annulment basically erases the fact that the marriage took place. This may sound quite complicated, but it is possible to boil these procedures to few statements:

•         Divorce is a legal dissolution of marriage that changes the legal status of both spouses to single;
•         Annulment declares that the marriage is void and it never existed in the first place from the legal perspective.

With the basic definitions covered, it is now possible to delve deeper into the topic and explain the differences between annulment and divorce separately.

Annulment

This is quite an interesting procedure, but it’s not as common as its counterpart. An annulment ends the marriage if at least one of the spouses believes it should never even exist. It can also be applied to a marriage that was never legal. While this may sound quite confusing, a list of legal grounds for annulment clarifies everything:

• At least one partner was already married at the time of the marriage;
• At least one partner was not of legal age to get married;
• At least one partner was forced into marriage;
• At least one partner was tricked into marriage;
• Incest;
• At least one partner could not make an informed decision regarding marriage due to mental disability or alcohol/drug intoxication.

Prior to the annulment, the court requires the petitioner to provide proof of at least one of the previously described reasons for separation. And now it is possible to see why annulment cases are so rare – requirements for this procedure are rather specific.

Divorce

This is the most common type of separation. The divorce process can be separated into two categories: contested and uncontested. As the first type suggests, a petitioner must provide a solid reason why they are filing for divorce. The reasons may include domestic violence, abuse, and adultery. Additionally, this type of divorce is applicable when both parties have issues regarding property division, child custody, and potentially spousal support.

As for the second case, none of the parties are required to provide any specific reason for divorce – the grounds for an uncontested divorce are based on “irreconcilable differences.” While this type of divorce is preferable as it’s quick and can be inexpensive, spouses may still have differences regarding the terms. That is why spouses can request the services of a mediator.

Legal Premises & Solutions

Both types of separation can be either simple or complicated – everything depends on the individual circumstances of each case. 

If the annulment is approved, the marriage is considered to have never existed. In the case of divorce, parties might have legally mandated obligations towards each other even after the process is completed.

As divorce is a more common method of separation, most people considering getting a divorce are looking for a fast and affordable solution that does not require the services of an attorney. That is why DIY divorce is becoming popular among people who want to split up.

If both spouses agree on an uncontested divorce, meaning that they sort out their differences without the court, they can do all the documents themselves and present them to the court. 

That is why online divorce preparation services are so prevalent nowadays. If all the issues are adequately resolved, a spouse can begin the process of divorce over the Internet. This method is often used by couples who want to reduce the cost of divorce and make everything quick.

For a low price, the online divorce company can provide an application for divorce online. The automated service automatically selects and fills out the proper forms for the petitioner based on the details of their case.

Online divorce is also effective for annulments as spouses can solve their property rights and child custody questions by themselves.

Final Thoughts

As it is possible to see, there are some considerable differences between annulment and divorce. Although both options result in a dissolution of marriage, legal consequences are different. Understanding the requirements for both procedures and what they mean for each partner is imperative to avoid unnecessary drama and stress.

An annulment means that the marriage was never legal – this sort of separation has specific requirements, making such cases uncommon among those who practice law.

Divorce is the most common practice, and partners can go through it the hard way or the easy way. Those who can agree on critical matters can experience the latter option and often simplify the process by doing online divorce preparation.