Divorce and Annulment – What Is The Difference?

As we discussed earlier that the bond of marital relationship weakens as there is any unhealthy act or misconduct by the either spouses that might be in terms of poor communication, lack of commitments, children support, money, affair, adultery and so on. And that the relationship can be practically smoothen and aromatized by up root its evils. Otherwise a meaningful disassociation (divorce) could have a productive termination to such an unsuccessful marital relationship.

For married couples getting apart is in fact not an advisable way out by most of the experts but approably said it is better be in hell once than be every other instance.

In United States of America, there are two ways a marriage relationship can be legally terminated and that's through annulment and divorce.

Although the annulment of void marriages is controlled by statute but, in most of the American States, there are not found proper defined annulment law and that that exists has been mingled taking a flavored shape of divorce distinctly. The main reason of this disregard and problem is that every one today tries and wishes to end up the marital relationship by filing and annulment case. He comes forward, spends a lot of money, and at the end of the days he is asked to file for divorce as his case does not qualify for the annulment proceedings. But we still find people committing the same mistake and asking this ill-accused question: can I get annulment?

Annulment is a legal procedure which terminates a marriage between a man and a woman. Annulment erases the complete existence of the marriage legally and it declares that the marriage never technically existed and was never valid whereas divorce, or legal dissolution of a marriage, is the termination of a valid marriage between a man and a woman. After divorce both the parties can regain their single status and can legally remarry.

Each individual state has defined its own set of laws regarding the grounds for an annulment or for a divorce with certain difference in requirements nationwide.

The annulment process can be initiated by either the husband or the wife in the marriage but the grounds for the annulment must also be proven and if so happens, the marriage will be considered null and void by the court. However there are some situations which meet the criteria and you can file for annulment but is not necessarily true always. Some of the commonly known grounds for the annulment are:

-Bigamy

-Fraud

-Marriage that is declared prohibited by law

-Mental incapacity

-Inability to consummate marriage

-Underage marriage

There are some similarities in annulment and divorce process ie the division of property in-spite of which there are no proper annulment laws in most of the states.
Annulment is filed as a regular law; there is a petition for annulment and a law written order. If the other party counterclaim as divorce in answering your annulment petition, your case will be treated as divorce surrendly.

On the other hand divorce, a second way of legal termination of marriage, can be both easy as well as complex depending on the state of residence and meeting of further requirements required. Sometimes divorce can be much more complicated than an annulment. Each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. In case the marriage has produced children, issues like children custody, visitation rights and spousal and child support issues must also be settled.

A divorce may be filed as either a "no-fault" or a "fault" divorce. In conservative states a divorce is only granted on the basis of fault grounds for divorce whereas in the liberal ones both "no fault" and "fault" are observed.

Recently most of the states now offer the "no-fault" divorce option, in which a petition for divorce is because of yet party's offense for the termination of maritime relationship. In case the other party wishes to assign blame, the traditional fault divorce is pursued. A "fault" divorce is one when one spouse can establish sufficient grounds. The major grounds for divorce other than drugs, alcohol or gambling, incurable mental illness, and conviction of a crime are:

-Adultory

-Desertion

-Physical / Emotional abuse

In short the best way to know whether you qualify for annulment or divorce according to your particular situation is to become more familiar and aware of your state laws and read up on the state statutes so that fluid your case with enough resources. In this way you will become aware of your rights and can reach a hustle free conclusion.

Source by Ismail Ahmed Alhashmi

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