Marriage can end in two different ways, through an annulment or a divorce. So what exactly is the difference between the two? An annulment is defined as a legal procedure that cancels the marriage between spouses. Annulment of a marriage deems a marriage as null. This means that legally, the marriage would be as if it never existed. Divorce is defined as the dissolution of marriage. This is where a valid marriage between spouses ends. While each state may have their own laws regarding the grounds for marriage annulment and divorce, there are certain common requirements that apply.
For an annulment, the case can be initiated by either spouse in the marriage. However, the spouse that initiates the annulment should prove that the grounds to do so are valid. If the proof is adequate, voiding the marriage would be considered and nulled by the court. For an annulment, the common grounds considered are as follows:
Bigamy is where the other spouse in the marriage is married to another person at the time of the marriage.
- Forced marriage.
If either spouse of the marriage was forced or threatened into the marriage and entered into it through duress, the marriage could be deemed void.
If one of the spouses was tricked into the marriage through lies and misinterpretation.
- Marriage prohibited by law.
The marriage will be deemed void if it is incestuous.
- Mental illness.
If either spouse of the marriage was mentally disturbed or ill during the marital period.
- Mental incapacity.
If either spouse of the marriage was under the influence of drugs or alcohol during the marriage and was not able to make a valid decision on their marriage.
- Inability to consummate the marriage.
If either spouse was unable to have sexual relations during the marriage.
If either spouse was too young to get married without the consent of the parents or the courts’ approval.
Whatever the case for an annulment or divorce, it is essential that you know the proper legal procedures to ensure the case goes in the right direction without hassle. The Law Office of Erin Morse guarantees clients would be provided with the best divorce attorney Lake Mary to ensure optimal outcomes. If that’s what you’re looking for, contact us now for a consultation!Should You Consider an Annulment Over a Divorce?