A divorce is a legal process that dissolves an existing marriage. On the other hand, an annulment seeks to declare a marriage invalid altogether. While both are processes by which spouses terminate their marriages and potentially seek custody of children and property distribution in the process, there are some significant questions to ask yourself before you proceed with either option.
If you’re looking for a divorce attorney in Queens, connect with Ledwidge & Associates.
If you’re thinking about filing for either one, this blog will hopefully help you understand some of the differences between an annulment and a divorce.
1. What is a divorce?
A divorce is the ending of a marriage, often signified by the legal end of the relationship. The process usually involves both parties mutually agreeing to separate and become single. Divorce is often unpleasant, and many people prefer to avoid it whenever possible.
In most countries, it means that married people are now legally separated and may or may not be allowed to remarry.
There are different kinds of divorce. The most common ones are “uncontested,” which means that both parties agree to end their marriage, and “contested,” which means that people can’t agree about ending their marriage. A contested divorce is also called a “dissolution,” “divorce proceeding,” or just “legal action.” If you need to file for a divorce, you should talk to a divorce lawyer to get advice.
2. What is an annulment?
An annulment is a legal decree stating that a marriage never took place. An annulment may be granted when one or both parties didn’t know what they were doing; didn’t intend on getting married; were forced into the marriage, or were under the influence of drugs or alcohol (and therefore unable to consent).
An annulment can be granted for many reasons, including false pregnancy claims, failure to consummate the marriage, not being able to get pregnant, or fraud. In most countries, marriage is annulled if one spouse lied about having children or if one of the spouses was already married.
3. When to consider divorce or annulment
You’ve been married for a while, but it doesn’t feel right. Maybe you love your spouse, but things just aren’t working out between you two anymore. Or maybe the two of you were headed in different directions, and nothing you did could save the marriage. In this type of situation, getting a divorce is the right thing to do.
However, if you or your spouse has something in the past that might come back to haunt you, then you should most definitely consider an annulment. It’s a completely legal way of removing the marriage from your record, and it does have some perks—at least more so than a divorce.
4. Which is better, divorce or annulment? Why?
Divorce grants the spouse many rights that annulment doesn’t. However, sometimes a person may not desire to have the stigma of a divorce on their official record.
Therefore, annulments aren’t widely used, but they’re definitely a better option in some situations. This is because an annulment treats your marriage as if it never legally existed in the first place.
If you’re getting a divorce in New York, it pays to understand the differences between an annulment and a divorce. That way, you can make an informed decision about which is best for your particular situation. We can help with any estate planning Brooklyn related issues as well. To learn more about our Litigation lawyer Queens or divorce lawyer Brooklyn, contact us today.
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