Difference Between Annulment & Divorce
Divorce and annulment both refer to the termination of a marriage union. A divorce is a legal decree that is issued by a court of law. An annulment typically refers to nullifying a questionable union or a marriage that never legally existed. Both of these decrees are ways of ending a marriage. The main difference is that with an annulment, the couple is viewed legally as if they were never married.
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Factors
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When a divorce occurs, many factors come into play. The couple must divide their marital property; discuss alimony, child support, child custody and visitation issues; and work out other issues. A divorce decree is issued by a court after all issues of the marriage are divided or resolved. An annulment, on the other hand, is typically a very short-lived relationship where these factors and issues are not relevant. Generally with an annulment, there is no need to divide any property or discuss any child arrangements.
Grounds for Divorce
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There are numerous grounds or reasons that divorces are granted to couples. These grounds include desertion, violence, irreconcilable differences and abnormal sexual conduct. Other reasons include adultery and mental or physical abuse. Many states have adapted "no-fault" divorces. This allows couples to obtain a divorce for no reason. In this case, neither spouse is considered the "guilty party."
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Grounds for Annulment
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When an annulment is granted, the grounds are typically quite different. Grounds for an annulment consist of one spouse being underage; mental or physical incapability of one spouse; fraud; and the nondisclosure of one spouse already being married, which is considered bigamy. Fraud can consist of many different things, including the misrepresentation of important information, such as when one spouse lies about his age or some other major fact. Misrepresentation includes things said or done by one spouse for the purpose of deceiving the other. Other reasons include marriages that are considered incestuous or situations where one spouse is unable to have sexual relations during the marriage.
Time Frame
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A divorce can take months or years to finalize. An annulment is typically granted very quickly because the court believes that if one of the reasons for annulment is valid, the marriage never really existed, and therefore the marriage is already void.
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References
- Photo Credit gavel image by Cora Reed from Fotolia.com
