There are two major ways in which a marriage can be ended. Understanding each way will help you to make the ideal decision for your specific situation, as well as helps to familiarize yourself with the process. Many people are unaware of the differences between annulments and divorces. When it comes to an annulment vs divorce, understanding each different process helps to make the ideal decisions for your process. It is often incredibly beneficial to consult with an attorney whether you intend to seek an annulment or divorce to dissolve your marriage. Here are a few things to keep in mind regarding the differences between an annulment and divorce.
Divorce
A divorce is used to dissolve a legal marriage. When you obtain a divorce process, you are acknowledging that there is no question or debate that the initial marriage was legal and valid. There are multiple types of divorces that are used based on the differences in the situation. Divorce can be an incredibly complex process and it is often useful to obtain the services of an attorney to help you complete the process. An annulment and divorce alike can be incredibly difficult and emotion processes. An attorney can provide you with support and additional benefits throughout the divorce process. When you obtain the services of an experienced divorce attorney, you can be confident that the divorce process will be simplified as much as possible.
No-Fault Divorce
When you decide on a no-fault divorce, you are essentially saying that neither side was at fault for the divorce. This means that no one is required to prove fault throughout the divorce process. Some common grounds for a no-fault divorce include a loss of affection, irreconcilable differences, or various other reasons. A no-fault divorce is often the way to achieve a more amiable separation from a spouse. Your divorce attorney can help to determine if a no-fault divorce process is the best for your specific situation, as they will know all of the various factors associated with your particular situation, as well as the laws in your particular state.
Fault-Based Divorce
During a fault-based divorce, one party is stating that the other party is responsible for the causes behind the divorce. This is often used in order to obtain custody or determine the distribution of property. However, in a fault-based divorce, the accusing party will be responsible for proving the guilt of the other party. Some of the reasons behind a fault-based divorce include adultery, domestic violence, drug abuse, abandonment, alcohol abuse, and many similar factors. A fault-based divorce can help to ensure that an abused spouse is able to obtain the protection that they need from the divorce. An attorney will be able to identify whether you should go with an annulment or divorce, as well as if you should consider a no-fault or fault-based divorce.
Annulment
The major difference between an annulment and divorce is that they are based on the legality of the initial marriage. A divorce acknowledges that the original marriage was valid and legal. However, an annulment is a process of dissolving a marriage that isn’t legal or valid. The annulment process contests the legality and validity of the marriage. Bigamy is one reason that an annulment might be obtained. This essentially means that one person was already legally married prior to the current marriage and never obtained a legal divorce, which renders the second marriage invalid. Other common reasons for annulments include one or both parties being minors, an incestuous partnership prohibited by the law, or if one party was forced into the marriage.
One incredibly common reason for an annulment is when one or both parties were of unsound mind, such as getting married while intoxicated at a Las Vegas chapel. The concealment of major issues may also allow an individual to obtain an annulment of their marriage. This may include things like lying about their identity or hiding drug or alcohol problems. Your divorce attorney will be able to identify if an annulment is a valid option for your specific situation.
Annulment and Divorce
When you need to dissolve your marriage, you may want to know the differences between an annulment and divorce. However, one process isn’t necessarily better than another process. Ultimately, the process that you will use will depend on the validity of the marriage. A divorce ends a marriage that is legally valid. An annulment is used when the marriage was not originally legal. Though each process will dissolve the marriage, the divorce still acknowledges that the marriage happened. An annulment treats the marriage as though it never existed in the first place. There are limited grounds for obtaining an annulment and religious reasons may cause an individual to seek an annulment.
It is important to keep in mind that children are often impacted the same way in either a divorce or an annulment. Determining custody of children will generally be determined by the court during either a divorce or an annulment. If there are children that have come from the marriage, it is highly recommended that you obtain the services of an experienced divorce attorney. This can go a long way toward providing the best possible outcome for your situation.
Consult with an Attorney
It can be incredibly complicated to determine the best way to have your marriage dissolved. In most situations, a divorce will be used to dissolve the marriage. Consulting with a professional divorce attorney will help to ensure that your process can be completed as efficiently and effectively as possible. An experienced divorce attorney will be proficient at explaining the differences between an annulment and divorce.
Our team at Ammon Nelson Law is capable of providing excellent services in a broad array of fields. When you obtain a divorce or annulment in order to dissolve your marriage, it is important to consult with an experienced attorney. To learn more about the differences between an annulment and divorce, or to obtain our divorce attorney services, contact our experts at Ammon Nelson Law today!
Leave a Reply