Terminating a marriage involves a lot of emotional turmoil. A number of choices and decisions have to be made. There are different ways in which a marriage can be ended. Two most common ways are annulment and divorce. In this article, we will explain the difference between the two.
An annulment declares a marriage to be null and void from the very beginning. But in some states, the marriage is considered void from the date of annulment. An annulment makes a void and a voidable marriage null.
In a void marriage, it is considered that the marriage never took place. This can happen when one of the partners was already married, or one of them was under-aged. Avoidable marriage is one which can be canceled by one of the partners in the court.
People prefer an annulment because it does not have the stigma which is attached to divorce.
A civil annulment can be obtained on the basis of concealment, fraud or misrepresentation, lack of consent, impotency or incest, and misunderstanding. It considers that the marriage never took place.
For instance, after getting married a spouse may reveal that he or she does not want to have any offspring. The other partner was not aware of this prior to the marriage. So it may be considered as a misunderstanding and form the basis for an annulment. Or else, a person may have married to get a citizenship. This would be considered to be a fraud or misrepresentation and provide a suitable reason for an annulment.
But not all marriages can be annulled. Some requirements have to first be met for an annulment.
A divorce reorganizes or cancels the legal responsibilities of the couple and dissolves the bonds of matrimony. A divorce recognizes that the couple were married. In some states, divorce is referred to as dissolution of marriage. The partners can choose to file a fault or a no-fault based divorce.
In a no-fault divorce, the spouse files a divorce without blaming the other partner. The reasons for claiming this type of divorce is an irreparable breakdown of the marriage or irreconcilable differences. This implies that they do not get along with each other and the relationship between them is beyond repair. This type of divorce is recognized in all states. In some states, it is necessary for the two partners to live separately for a particular period before claiming a divorce.
In an at-fault divorce, a spouse blames the partner and asks for a divorce. This form of divorce is rare and is not recognized in most of the states. It is granted on the basis of abandonment, prison confinement, emotional or physical cruelty or adultery.
To know more about the legalities surrounding divorce, you should speak with an experienced St. Louis divorce lawyer.
At The Betz Law Firm, our legal practice is focused exclusively on family law and consists of a staff of experienced professionals who have immense knowledge of all the legal issues that can arise during a divorce. Our goal is to help you find the answers to your questions and to begin the next phase of your life with as much ease as possible.
Call us today at (314) 801-8488 or fill out our online contact form.
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