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Annulment vs. Divorce: What’s the Difference?

Posted by Nicole Fisher | Jan 28, 2024 | 0 Comments

annulment vs. divorce

When marriages encounter challenges, couples often explore legal avenues to bring closure to their relationships. Two common options are annulment and divorce. While both serve the purpose of ending a marriage, they differ significantly in their legal implications and grounds for dissolution.

Annulment, often misunderstood, is distinct from divorce in that it treats the marriage as if it never existed. In the eyes of the law, an annulled marriage is considered void or invalid, erasing it as if it never took place. Grounds for annulment vary by jurisdiction but generally include factors such as fraud, bigamy, lack of consummation, or one party being underage at the time of marriage. Couples seeking annulment must prove the existence of these specific conditions.

On the other hand, divorce is a legal process that terminates a valid marriage. It acknowledges that the marriage did exist but allows both parties to go their separate ways. Divorce is often sought due to irreconcilable differences, infidelity, financial disagreements, or other factors that contribute to the breakdown of the marital relationship.

Understanding the differences between annulment and divorce is crucial for individuals navigating the complexities of family law. One key distinction is the time frame in which each option can be pursued. Annulments are typically sought shortly after the marriage, while divorces can be initiated at any point during the marriage.

The financial implications also differ. In a divorce, marital assets are typically divided based on equitable distribution or community property principles, depending on the jurisdiction. In an annulment, there may not be a need for spousal support, as the marriage is considered void from the beginning.

It's essential for individuals facing the decision to choose between annulment and divorce to consult with legal professionals specializing in family law. These experts can provide tailored advice based on the specific circumstances of each case, ensuring that individuals make informed decisions that align with their best interests and the legal requirements of their jurisdiction. Contact us today at 816-471-7008 or send us an email on our Contact Page.

About the Author

Nicole Fisher

Owner Nicole is the founder and owner of Fisher Law LLC. Nicole focuses her practice exclusively in family law litigation. Nicole prides herself in providing her clients with skilled advocacy while being compassionate to the crisis at hand.  Nicole is licensed to practice law in both Missouri ...


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