Annulment vs Divorce: Which is Right for You?
Whether you get an annulment or a divorce, both are practices that effectively end a marriage and allow you to remarry afterwards. That being said, there are differences between the two that require different steps and information to complete. An annulment legally cancels a marriage. It makes it as if the marriage never even existed in the first place. On the other hand, a divorce dissolves a marriage. Annulments are often preferred for benefits in finances, religion, etc. but they require a valid legal reason for qualification.
If you are wanting to get out of a marriage and are actively seeking legal representation, the trusted attorneys at Sutton & Lovette Law Offices are available and ready to assist you in the process. Continue reading this week’s blog to learn more.
What is the Difference Between Annulment and Divorce?
The first step is to show that the marriage was somehow legally invalid from the beginning. Some reasons people prefer annulments include…
With an annulled marriage, you don’t usually have to pay alimony or spousal support.
Dividing property is easier and more straightforward under an annulment; property is returned to the original owner and divided as equitably as it can be.
If there was a prenup signed prior to the marriage, you are not usually held to its terms under annulment.
However, divorce remains the most common way to end a marriage. There are no requirements for divorce, other than declaring irreconcilable differences. Because of this, if a marriage is legally valid, the only option for a couple is divorce. Under divorce, marital property acquired during the marriage must be divided. After an annulment, you are considered single, not divorced. If you aren’t sure what applies in your specific situation, contact an experienced attorney to find out what you’re up against.
Legal Requirements for An Annulment
To qualify for an annulment you must be able to prove that there are valid legal grounds for one. If you don’t have the ground for an annulment, you must seek a divorce instead. Common legal grounds for annulments include:
Fraud: Spouse claimed to be someone else, making your marriage void before it even began.
Coercion: If someone threatened to harm you or themselves if you didn’t follow through with the marriage. This means you didn’t consent to the marriage freely which makes it void.
Impotence: Only valid if the spouse was not aware of it prior to the wedding.
Intoxication: If one or both of the spouses was impaired at the time of the wedding, the marriage is void.
Concealment: When someone hides something significant about themselves or their situation from their spouse. Similar to fraud.
Age: One of both of the spouses was below the legal age of consent in their state at the time of the marriage.
Bigamy: One of the spouses was already married when the wedding took place.
Incest: People who ar too closely related and are not meant to be allowed to marry in the first place.
Mental Capacity: The most complicated of all of the legal grounds to prove, if one of the spouses was not able to consent to the marriage because of a mental condition, it is invalid. The condition must have been present at the time of marriage and prevented the person from understanding the contract of marriage that they were agreeing to.
Time Limits to Qualify for Annulment
Along with all of the other qualifications, annulments have time limits to be legally enforceable. These time limits often vary by state and are dependent on the grounds of the annulment. If the statute has passed, a judge will bar you from seeking an annulment and will direct you to a divorce instead.
In Pennsylvania, annulments are separated into two categories, void marriages and voidable marriages. Marriages that are void can usually be annulled at any time as long as both spouses are alive. If the spouses were close blood relatives or one of the spouses was married at the time of the wedding, the marriage is void. If it was under another circumstance and still qualifies for an annulment, it is considered a voidable marriage. These include age restrictions and concealment. On these marriages in Pennsylvania, the statute of limitations vary from case to case. For example, if the marriage was based on fraud, you must file for an annulment within a reasonable time after discovering it. The longer you wait, generally the more likely you will have to get a divorce instead of an annulment.
An attorney can help you understand if you qualify for an annulment in your situation or if there is a time limit on your ability to seek one.
Contact a Trusted Attorney for Help
Ending a marriage is a stressful and time consuming process. You may be grieving your previous life while at the same time looking for something new. Legal hassles and financial issues always come out to play when looking to end a marriage. After all, marriage is a contract and the proper steps must be taken to deal with the situation in the best way possible. Whether you are annulling your marriage or filing for divorce, a lawyer can help you through the process and advocate for you until it is done.
If you think you may be eligible for an annulment, your attorney can figure out whether you have valid legal grounds to file and help you start the process. If they find that you are more suited for a divorce or if it's your only option, you can negotiate your property division issues and make child custody and support agreements, if applicable. Your lawyer can help you with all of the paperwork and finalize the agreement that you and your former spouse come to. If you are looking for representation contact Sutton & Lovette today at (814) 471-7702 or suttonandlovette@gmail.com.