Annulment Or Divorce: Which Is The Right Legal Choice For You?

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In the terms of a normal divorce, no one will be able to erase the record of your previous marriage as far as the state is concerned. It makes sense that the state would still have a copy of your original marriage license in addition to your divorce certificate. When two married parties are involved in an annulment, however, all records of your previous marriage disappear as if it never existed at all. While this might seem to be the best possible decision when it comes to leaving the past behind you, don't rush into attempting an annulment over a divorce right away. Although they are similar and both achieve the same end result (both parties becoming legally single once more), there are far-reaching consequences of an annulment. 

Divorce Vs. Annulment

A divorce, which is also sometimes called a dissolution of marriage, is the technical term for two parties legally ending their marriage and returning to single status. In normal situations, there does not need to be any prelude to a divorce-- getting your attorney, like those at Greenberg Walden & Grossman, to help you fill out the paperwork and making it official at a scheduled divorce court hearing is likely all it will take.

In contrast, an annulment is the process by which a marriage is seen as never having existed in the first place. In order to secure an annulment, parties will need to prove to the judge that there is a valid reason for the marriage in question to become null and void.

Annulments Gain No Benefits

In many divorce cases, one former spouse is ordered by the court to provide the other with a form of spousal support for a specific period of time. These benefits can be helpful to keep someone on their feet until a job is obtained, but they're not possible in the case of an annulment. Simply explained, the judge can't order alimony for a marriage that technically never existed (as is legally the case after an annulment).

What's the Point?

When comparing the two side by side, it seems silly to even consider an annulment as an option. Because of that, many people wonder what the point of getting an annulment would be at all-- but there are plenty of good reasons to keep it a valid option:

• If the marriage was forced upon an individual by threat or under duress, getting rid of the entire record is understandable and permissible.
• If the wedding was somehow illegal (under the age of consent, incest, etc), an annulment can be easy obtained.
• If the marriage was entered into as a result of a lie or false pretenses, you have a legal right to annul the marriage and forget it ever happened. Instead of talking about your ex spouse, you can legitimately and legally say you've never been married.

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30 March 2015