The Difference between Annulment and Divorce

Posted on in Child Custody and Support

There are two ways to end a marriage, either through annulment or divorce.  So it is important to understand the differences in the two requirements and processes of annulments and divorces.  A divorce is a dissolution of marriage.  Both parties revert back to a single status and have the ability to remarry if they so desire.  The process itself is a lengthy and can include a lot of negotiations concerning aspects like division of property, child custody, and other things that must be separate after a divorce.

An annulment can be understood as an expungement of a marriage.  The Catholic Church often requires an annulment if people want to be remarried in the Catholic faith, which is where the process originated.  There will essentially be no record of such a marriage existing if the annulment can be legally justifiable.  Either spouse has the ability to file for an annulment but must prove that the grounds for annulment are in fact valid.  If the grounds are proven to be factual, the marriage can be pronounced null and void by a court.

Some of the reasons you can file for an annulment are as follows:

  • If either party was already legally married to another person
  • If either party is unable to consummate the marriage
  • If either party was threatened into the marriage contract
  • If either party was under a false impression due to lies
  • If the parties are familial relations and the marriage is prohibited by law
  • If either party is not of sound mind, either mental illness or under the influence of drugs

Some of the grounds for annulment can change based on local statutes, so it important to have legal guidance.  Annulments are also used primarily for marriages that last for only a short while so that there is little to no property to divide or children to maintain.  Based upon these concerns, please contact an experienced divorce attorney in Kane County today to see whether you can annul your marriage or divorce your spouse.

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