If you’re considering a separation from your spouse, you might have begun to research what your options are exactly. There are a lot of different terms for dealing with it all. From mediation, to custody court, to legal separation, divorce, and annulment. Each of these things are mostly just one of the steps from along the way. However when it comes to annulment and divorce, you’ll go one way or the other. But, what’s the big difference? And what factors play into if I pursue one or the other? It’s actually quite simple to understand, so we’re going to break it down for you.
Annulment: How Does it Differ From Divorce?
At the base of it, there are really only two means of legally ending a marriage. There’s divorce, and there’s annulment. Essentially, when you get divorced, the marriage is separated— over. From there, your status returns to single. However, it doesn’t necessarily disappear. A divorce still exists in that space within which you have been married before. However, an annulment dissolves the marriage and makes that status disappear altogether. You’re not a divorcee, instead it’s as if you and your spouse never married in the first place.
How do you get an annulment?
You have to meet a few different criteria for an annulment instead of a divorce. If you fit the bill, you’re likely eligible to go this route versus the whole mess that is a divorce.
What are some common grounds?
Bigamy: If your spouse was already married at the time of your nuptials
Forced Consent: Your spouse coerced you into marrying them against your will
Incest: You and your spouse are related
Under the influence: If you, or your spouse, were provably under the influence of drugs or alcohol which prohibited you from making an informed decision on the matter.
It’s important to do your own research and see if you make the cut. We have a few examples, but understand that they are not all encompassing, and you could always make for a special case. There are instances of annulment on grounds of mental illness, incapacity, age, impotency… the options are pretty vast. So, speak with an attorney and see where you fall on the grand scheme of annulment or divorce. You’ll never know until you ask, and lay out the facts of your case.
