Difference between Annulment and Divorce
There are two legal ways to end a marriage recognized by the various jurisdictions of the United States. The first way, divorce or legal dissolution, is the ending of a valid marriage through a process that restores the parties’ single status and gives them the ability to remarry. The second way, an annulment, completely erases the marriage as if it never existed at all.
While a divorce recognizes that a marriage did exist, an annulment legally declares that the marriage never technically existed and was never valid. Annulments, like divorces, can be initiated by either the husband or the wife. The party that initiates the annulment must be able to prove whatever grounds he or she alleges. Divorce, however, does not necessarily require proof of whatever grounds for the divorce are alleged. Such things as “irreconcilable differences” do not require that the parties show exactly what the differences that can’t be resolved are.
For annulments, the following are commonly cited as reasons that the marriage should be erased:
- Bigamy
- Forced Consent
- Fraud
- Mental Illness or Incapacity
- Underage Marriage
While it may sound like divorce is easy, a divorce is actually capable of being much more complicated than an annulment. The divorce can be fault or no-fault. Once that is determined, the assets must be divided and custody of any children must be determined.
Contact a San Jose Divorce Lawyer
For more information on the differences between annulment and divorce, contact the San Jose divorce lawyers of the Law Office of Daniel Jensen at 408-296-4100.
