The Disadvantages of Annulment

An annulment is a judgment that makes a marriage null or void from the date it occurred, which is very different from an actual divorce. Many married couples choose an annulment over a divorce for religious purposes, because some religions don't approve of divorce. Like a divorce, an annulment also has its disadvantages that you must take into consideration.

  1. Distribution of Property

    • In an annulment the marriage is considered to be non-existent. Therefore, the judge does not have the authority to order equal distribution of property. Alimony may be still be ordered, and child custody will be resolved. This may be a huge concern if you have accumulated a lot of property and belongings together.

    Requirements

    • If you are attempting to get an annulment, you must state the reason and be able to prove it, because there are certain requirements that must be met in order to get an annulment. Each state's requirements differ. However, requirements can include state residency requirements and the annulment would have to be for a reason such as a closely related couple, bigamy, fraudulent marriage, marriage by threat or force, mental capacity not present to enter into a marriage, impotence, underage, or one party is still legally married. These requirements can make an annulment very difficult to obtain.

    Time Limits

    • Unlike a divorce, many times an annulment has a time limit, meaning that you are only allowed so much time after a marriage to file for an annulment or it won't be granted. Each state is different as far as time limits. So, check the requirements for your specific state.

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