How to Understand the Difference Between Annulment and Divorce

When you're in the process of ending a marriage, you should know that there is a difference between annulment and divorce. A lawyer specializing in marriage and family can explain the difference.

Difficulty: Moderately Easy

Instructions

Ending a marriage

1. Ending a marriage requires a couple to legally file its intent to dissolve the marriage.

2. Obtaining a divorce requires couples to be legally separated under their state law until such time has passed. Legal separation is the first step in a divorce. Divorce involves separation of assets and deciding on the care of children if the couple has any.

3. Annulling a marriage requires that the couple file the same type of paperwork as a divorce. However, with an annulment, the couple has to file within a certain amount of time from when the marriage certificate was issued. This process removes the marriage from the record without it going through a lengthy court proceeding.

4. Tend to business: Couples who annul their marriage have to go through a different process than what occurs in a regular divorce proceeding.

5. Get representation: Having a lawyer help you understand the difference between a divorce and annulment makes it easier for couples to get the process started and completed. Annulments and divorces require different intent filings. Annulments take no more than a few weeks to a month to complete whereas a divorce can take months, even years, to settle and finalize.

Tips & Warnings

• The only time you should consider annulment is when you've made a mistake marrying and declare so within 90 days of the marriage or if you are intending to remarry under Catholic church laws.
• Divorce should only be an option once all other options have been exhausted
• Alimony is not awarded in an annulment. Divorces don't always end up with the granting of aliimony or other financial maintenance. Some couples will have a prenuptual agreement laying out the terms in the event of a divorce.