What Distinguishes a Divorce and an Annulment?

What Distinguishes a Divorce and an Annulment?

When you get married, you may be hoping to grow old together with your partner. However, life somtimes gets in the way, and might mar this romantic dream for you. In these instances, seeking a way out of your marriage becomes essential. While some couples might opt to simply live apart with no legalities involved, this will affect various elements in their life since the law still regards them as married. Filing their taxes and wealth distribution are some of the common aspects affected when you choose to divorce without involving the courts.

There are different routes a family lawyer in Colorado Springs CO will suggest to get out of your marriage. The most common include legal separation, annulment, and divorce. Divorcing and annulling a marriage are the common legal routes out of a marriage. Most people assume these are the same thing. Annulment, however, denotes a legal procedure that declares your marriage null and void while a divorce is the permanent dissolution of your marriage. The following are the factors that further differentiate an annulment and a divorce.

Grounds

The grounds for granting a divorce differ according to your state’s laws. In a no-fault divorce, you and your spouse agree to end a marriage though you might still need the courts to settle disputes in respect to your finances, children and property.

On the other hand, annulment has specific grounds for its application. Your marriage can be annulled if one of the parties tricked the other into marriage, the marriage is incestuous, or one or both spouses are found impotent. An annulment will also be allowed if one or both spouses are under the legal age of marriage or were married to someone else before entering the marriage in question.

Finances

arguing over a divorce

After a divorce, one of the parties in the divorce may be entitled to alimony depending on the specifics of the marriage. You will also be entitled to a share of the properties and assets accumulated during the marriage, along with the social security and retirements benefits of your ex. With an annulment, however, you do not have these benefits. This is because, as far as the law is concerned, there was never a marriage to begin with, and you and your ex will thus retain all the assets you had before the marriage.

Children

Most people will opt for an annulment believing that their obligations to their children will be negated. Even so, there is no difference between an annulment and divorce in relation to the children sired during your union. The children will be considered legitimate and are entitled to visitation rights and child support as determined by the courts.

Marriage Duration

In most states, divorce is granted for marriages that have lasted for an extended period. This is because the courts assume you need more time to guarantee that a divorce is your best choice. Annulments, on the other hand, will be granted even on the shortest marriage.

While your marriage might have broken down, you should still ensure it ends right. With the above distinctions between divorce and annulment, you can now make the right choice on your route out of a marriage. Either way, you will need the best possible family attorney to handle the end of your marriage.

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