Should We Seek an Annulment or File for Divorce?

Many would consider the idea of divorce today as something that is extremely common. Statistics show that around half of the marriages that occur in the United States will end at some point or another. What are the reasons for this? They vary for each couple; for some it is that point in their life where moving on is the best option, for others there is no longer any love within the marriage, even the idea of being better as friends rather than spouses is common.In more unfortunate events, there can be circumstances in which you thought your spouse was completely someone else, whether that is fraud or violence within the home or other criminal activities.Whatever the case may be divorce is a common way to end the sufferings that is known in marriage.

What many people don’t know however is that in many situations divorce isn’t the only option. A divorce by law is considered to be the legal ending of a marriage, there is still a record that the marriage existed, though every way the couple was bound together has now been legally severed. An annulment is another option that is considered to be the legal ending of a marriage as well, though it declares the marriage to be null and void. In some situations, couples who marry want to end their marriage and act as though it never happened; this is exactly what it means to get a marriage annulled. If approved by the courts it is considered to be as though it never happened.

Depending on the specific state that you and your spouse are in, there are different requirements that must be met in order to be eligible for a divorce. For example, a common reason for a spouse to want an annulment is if they discover that their spouse is a fraud. This can come in many different forms such as telling your spouse that you were unable to conceive children, to more serious offenses such as identity fraud or multiple marriages. If fraud is present, it is likely that a court will grant the annulment. Also, if a spouse chooses to not disclose their addictions such as to drugs or alcohol, or if they attempted to conceal criminal acts or sexually transmitted diseases, the court will consider the dissolution of marriage.

Another less common reason to have a marriage annulled is if one spouse refused to have sex in order to consummate the marriage. There are instances in which the court will consider that the spouses had a misunderstanding when they married therefore allowing them to receive an annulment, this is usually the case when one spouse claimed that they don’t want children, etc. It is important to know that in most annulment cases, this process begins shortly after the marriage. It is much less common for a couple that has been married for twenty years to receive approval for an annulment as it is for a couple married two months deciding it didn’t work out.

An annulment may sound very different from a divorce, the court will handle the division of assets, child custody, etc. in a similar fashion to that of a divorce, because it is still a legal process that involves two people who plan on ending their marriage union. Another question that is frequently asked regarding an annulment is the religious aspect. Most commonly known in the Roman Catholic Church, an annulment is often sought after if a person plans to eventually remarry within the church. This is so because of their unbelief in divorce, an annulment legal makes the marriage as though it never happened therefore the church will allow a remarriage. If you or someone you know has any more questions regarding a divorce or annulment, contact the Rosen Family Law Group today for legal counsel!