When a married couple thinks about separating, filing for divorce, or filing for an annulment, finding a great family law attorney is the first step towards extricating one’s self from a complicated jumble.  The difference between a divorce and an annulment is solely legal.  While it can be a confusing distinction, the grounds for annulment are well-defined, making it easier for those eligible for annulment to obtain one.

What is an Annulment?

An annulment is not a divorce.  An annulment signifies that there was never a valid marriage in the first place.  In other words, the “marriage” was void or voidable when it was entered into, and never truly existed.  Therefore, a person is eligible for an annulment if their marriage was void, or invalid, from the start.

When is a Marriage Void or Invalid?

There are a finite number of grounds for annulment.  For that reason, an annulment is very different than a divorce.  A divorce may be granted without any fault or stated reason.  An annulment is only granted if the marriage was void because of one of the following:

•      One of the parties was underage;
•      One of the parties was mentally incompetent;
•      One of the parties used fraud to bring the marriage about;
•      The married parties were first cousins, or more closely related;
•      One of the parties was already legally married at the time of the marriage; or
•      One of the parties was forced (or under duress) into the marriage.

Note that the presence of certain other factors may impede an annulment.  For example, if the marriage is void for fraud, and the party not at fault continued to live with the guilty party after finding out about the lie, the guilty party can bring this fact up as a defense to annulment.

What is the Effect of an Annulment?

The effect of an annulment is very different from that of a divorce.  While a divorce severs or dissolves the marriage, an annulment means that the court will treat the couple as if they were never married.  After an annulment is granted, it is as if the marriage never happened.  A marriage can be annulled even if the couple had children during the “marriage.”  A court may or may not determine the children legitimate, meaning they may or may not be allowed to inherit through both parents.  Other minor differences might separate a divorce from an annulment, but depend on the specific case.

Are You Eligible for an Annulment?

If you or someone you know has a marriage that might fall under one of the categories listed above, finding out about your rights and options is an important step in the process.  The most important part of this process is finding the right family law attorney, and Christopher Arrington is ready to talk to you about your options.