Differences Between Annulment and Divorce
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Annulment and divorce both signify the end of a marriage, but the two words actually have very different meanings and are usually granted for different reasons. It is important to know the difference between these terms for the purposes of asset distribution. Individual states will vary slightly on laws regarding annulment and divorce, however, the basic concepts typically remain the same across the United States.
Granting of a Divorce A divorce will be granted where there are legal grounds for the divorce. Either the husband or wife seeking the dissolution can demonstrate these legal grounds. In most states, sufficient grounds for a divorce include one spouse wanting a divorce, and their definite belief that their marriage will not be able to persist. This belief is commonly called "irreconcilable differences."
What is an Annulment? Annulment is the legal nullification of a marriage. When a court grants an annulment, the marriage is deemed to have never been valid, and therefore did not exist and no longer exists.
Granting of an Annulment To be awarded an annulment, an individual must seek this court order within a reasonable time after the "marriage." Grounds for annulment vary from state to state, but if one or both spouses can show the following, an annulment is usually granted:
- Spouses are related
- Mental illness
- Underage for state law
- Agreement to marry based on fraudulent statements or acts by the other individual
- Knowledge and non-disclosure of impotency or venereal disease prior to marriage
- Influence of alcohol or drugs
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