The main difference between annulment and divorce is that an annulment invalidates a marriage while a divorce dissolves a marriage. An annulment is like the marriage never happened while a divorce is like the marriage happened but is now over.
An annulment is granted when there are grounds to believe that the marriage was never valid in the first place. This could be due to fraud, duress, or mental incapacity of one of the parties. A divorce, on the other hand, is granted when there are grounds to believe that the marriage is no longer viable. This could be due to irreconcilable differences, domestic violence, or financial hardship.
While the grounds for annulment and divorce may overlap, it’s important to note that they are not the same. Annulment is only available in certain circumstances and must be granted by a court. Divorce, on the other hand, is available to any couple who meets the eligibility requirements and can be filed for without going to court.
Here’s a look at the major distinctions between annulment and divorce:
Annulment vs Divorce: Key Differences
1. How they end a marriage: An annulment is a legal procedure that nullifies a marriage, making it as if the marriage never happened. A divorce, on the other hand, is a legal dissolution of a marriage.
2. The legal process: Annulments usually require going to court, while divorces can often be done through mediation or collaboration.
3. Who can get one: Annulments are typically only available in certain circumstances, while anyone can get a divorce.
4. How long it takes: Annulments can be granted quickly, while divorces can take months or even years to finalize.
5. Religion: Some religions do not recognize divorce, so annulment may be the only option for couples who wish to dissolve their marriage.
Consult a Family Law Attorney
Making the decision to end a marriage is never easy. But understanding the key differences between annulment and divorce can help you make the best choice for your unique situation.
If you’re considering ending your marriage, it’s important to consult with an experienced family law attorney to discuss your options. Annulment and divorce are both complex legal processes with different implications. A lawyer can help you understand the difference and choose the option that’s best for your situation.
