What Is the Difference Between Annulment and Divorce?

What Is the Difference Between Annulment and Divorce?

At Danks & Danks, we know that finding a qualified family law attorney isn't always easy — and that's especially true when you're considering an annulment or divorce with your partner. But what is the difference? It can be confusing, and that's why in today's post, we're breaking down everything you need to know. Keep reading to learn more about the difference between annulment and divorce, then contact our family law firm today to get the help you need.

annulment paperwork

What You Should Know About Annulments

An annulment is a legal procedure that nullifies a marriage — that is, it declares that the marriage never existed. Annulments are granted for a variety of reasons, such as:

  • incapacity to consent to marriage (due to mental illness or intoxication)

  • fraud

  • force

  • bigamy

  • lack of physical consummation of the marriage

  • and others.

In order for an annulment to be granted, there must be grounds present that would make the marriage invalid from the start. And in some cases, an annulment can be retroactive — meaning that the couple will be considered unmarried from the date of their wedding, as if it never happened. In other words, there’s a lot to consider, but if your situation meets the conditions for annulment, it’s an option that may be worth pursuing.

divorce paperwork

What You Should Know About Divorce

Divorce, on the other hand, is a legal process that ends a marriage that was valid from the start. Divorce can be granted for any number of reasons, including:

  • irreconcilable differences

  • adultery

  • physical abuse

  • mental abuse

  • desertion

  • drug addiction

  • alcoholism

  • and others.

Unlike an annulment, divorce does not nullify a marriage — rather, it ends it. And unlike an annulment, divorce is not retroactive, meaning that the couple will still be considered married from the date of their wedding up until the date their divorce is finalized. Ultimately, divorce is the more common occurrence, and it is the one you’re likely more familiar with.

family law attorney and client

Which One Is Right For Me?

The answer to this question depends on your unique situation. If you have grounds for an annulment, then that may be the best option for you. However, if you do not have grounds for an annulment or if you simply want to divorce your spouse, then that may be the better option.

It's important to note that in some cases, couples may choose to divorce even though they could technically get an annulment. This is often because getting an annulment can be more complicated and expensive than getting a divorce, especially if there are no grounds for an annulment present. At the end of the day, the important thing to remember is that every situation is different and speaking with a family law attorney to discuss the facts of your situation and come up with the right plan is crucial. We know that the process can be confusing, but trust us when we say that meeting with an attorney early can make all the difference in the world.

divorce paperwork

How to Get the Help You Need

Now that you know the difference between an annulment and a divorce, the next step is reaching out to a divorce attorney who can help walk you through what comes next. As you can probably imagine, every case is different and there are always many moving parts. That's why it's so important to work with a family law attorney that will go the extra mile to ensure that everything is being handled with great care and attention to detail.

As we mentioned above, finding a family law attorney can be challenging. Thankfully, if you're searching for a divorce attorney that will fight for your rights, Danks & Danks is here to lend a helping hand. Because we understand how difficult this time can be, we offer consultations to help you get started. To learn more or to schedule your consultation, please contact us now.

No matter what your situation is, the family law attorneys at Danks & Danks can help. We'll review your case and help you determine whether an annulment or divorce is right for you. Although what you’re going through is difficult and stressful, we want you to know that we’ll always be in your corner to lend a helping hand and ensure that your rights are protected throughout either the annulment or the divorce process. Simply put, when you work with Danks & Danks, you don’t have to go through this difficult time alone. Contact our team to learn more or to schedule a consultation. We look forward to hearing from you.

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