Annulment vs Divorce
Annulling a marriage cancels it out – completely removing the existence of such an arrangement and making it as though the legal relationship ever existed. A divorce is the ending of a valid marriage where the parties involved legally return to a legal status.
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How to Initiate an Annulment
An annulment can be initiated by either partner in the relationship. The individual who starts this legal action must prove legal grounds to do so; if they can the marriage will be considered ‘null and void’ by the court.
The process for filing for an annulment changes from jurisdiction to jurisdiction but requires the filing of a petition and service of that petition on the other party. A hearing will be held where evidence is presented and the judge will make a decision whether the filing party has met their legal burden of proof.
Grounds for Annulment
Each state had its own legal basis for granting an annulment, but generally, most states will grant an annulment if any of these are proven:
- Bigamy
- Forced Consent
- Fraud
- Marriage Prohibited by Law
- Mental Illness
- Mental Incapacity
- Inability to Consummate Marriage
- Underage Marriage
You should check with an experienced family law attorney to determine what the law is in your jurisdiction.
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