If you’re facing a potential separation, you are likely considering the options you have in front of you. Most people will automatically assume that a divorce is in their near future. However, divorce is not your only option. An annulment is less common than a divorce, but it is one of your two main options. So, what is the difference between the two? Well, there are a few different factors that play into whether one or the other will become your most viable choice.
Annulment vs Divorce: What’s the Big Difference?
Ultimately, there are two means of legally ending a marriage. You have divorce, and you have annulment. When it comes to a marriage annulled, you’re erasing the marriage altogether— stating that the marriage was never valid, and did not exist. This differs from a divorce, quite obviously, because it separates the marriage— but it does not make it ‘disappear’ like an annulment will do. It merely, returns your ‘single’ status to both parties.
How do you qualify for an annulment instead of a divorce?
Ultimately, whichever spouse is initiating the agreement has to prove that they met any one of the common grounds we’ll go into below. If they can do so, the marriage agreement between the two of you will dissolve and disappear.
What are those common grounds?
There a number of different factors that can become grounds for annulment, so we’ll dive into a few of them— but understand that doing your own research is important. Just because it isn’t on this list— doesn’t mean you don’t have a compelling case.
Some grounds for annulment are:
Bigamy— if your spouse already has another spouse at the time of marriage
Forced Consent— one spouse was forced into the marriage in some form or fashion
Incest— incestual marriage is prohibited by law. So, if you have familial ties, you’re eligible for an annulment
Under the Influence— if one spouse was under the influence of drugs or alcohol and ‘could not make an informed decision’
There’s also mental illness, incapacity, underage marriage, impotency… As you can see, there are plenty of different qualifying factors. Also, the exact laws can vary from state to state. So, look into local laws and see where an annulment differs from divorce. We wish you luck as you move forward with your separation.