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.
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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 message
- Underage Marriage
You should check with an experienced family law attorney to determine what the law is in your jurisdiction.
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