The difference between divorce and legal annulment

The difference between divorce and legal annulment

On Behalf of | Apr 1, 2022 | Divorce |

Divorce and annulment are the two options you have available to you if you want to end your marriage or domestic partnership. However, you’ll need various types of evidence for each of these processes. One of the main differences is that divorce ends a legal marriage and annulment deems a marriage legally invalid. If you live in the Maryland or DC Metro area, here are some things you should know about divorce and annulment.

The details of divorce

Divorce will legally dissolve or terminate your marriage. Once the divorce is final, the parties involved in the divorce are officially declared single. An annulment legally erases the marriage by “voiding” so it will appear that the marriage was never legally binding. Even when a marriage is annulled, the marriage records will stay on file.

Legal grounds for annulments and divorces

People prefer divorces or annulments for different reasons. However, the main reason why people may want to get an annulment or divorce is if one or both parties no longer want to be part of the union.

A divorce is more common than an annulment. People who are getting a divorce acknowledge that their marriage existed but is no longer valid. Individuals ask for an annulment when one or both parties want to deem the marriage legally invalid since it may not have been valid in the first place.

More about divorces and annulments

Divorces can be fault or no-fault and the reason for divorces can include adultery, abandonment, or imprisonment. If a couple wants to get a no-fault divorce, neither of them has to prove the fault of the other party to continue with the divorce. “Irreconcilable differences” is usually the reason cited for a no-fault divorce.

An annulment legally ends a marriage since at least one spouse believes the marriage never should have happened. For instance, if one party was forced into the marriage or one or both spouses were too intoxicated to make a logical decision concerning the marriage, the courts may grant an annulment. A couple can also receive annulment if one or both parties are not of legal marrying age or one or both spouses were already legally married at the time (bigamy).