The first-marriage divorce rate in the U.S. in 2024 is estimated to be 40% to 50%, which is a very slow decrease from the same rate in the past decades. The forecast for 2025 is that one marriage in every two in the U.S., or roughly 41%, will conclude with a divorce.
Divorce still continues to be the most common way to end a marriage, but in some cases, couples can have their marriage nullified through annulment. In fact, unlike divorce, annulment is a legal procedure that declares the marriage to have never existed but only under certain specified situations.
According to annulment lawyer Harold William Edgar, there are several factors that can allow an annulment to happen. Bigamy or a spouse’s undisclosed prior marriage can serve as legal grounds for annulment. Annulment can also be done if a spouse marries only for the purpose of obtaining a green card or citizenship. A marriage between relatives is not valid. Marriage wherein one of the involved parties is a minor is also not recognized.
Since annulments are limited and need certain proof, it is very critical to know when they are legally valid before going ahead. Let us go through these different grounds and see how each one of them is related to your case.
Understanding Annulment vs. Divorce
In case the married couple is going to separate, it is very important to make a decision between annulment and divorce. Annulment treats the marriage as invalid from the very beginning.
Meanwhile, divorce is a legal act that recognizes marriage as valid but still officially terminates it. This difference in the treatment of marriage allows one to be proactive in wisely making the next choice.
Such choices might lead a person into a complicated situation that he/she has to deal with. It is really important to be informed of the possibilities when one plans to divorce or separate.
The support of good quality is granted to you during this difficult time so it is necessary to think of the best choice.
Grounds for Annulment
If you are thinking about this option nonetheless, understanding the grounds for annulment is very much a priority. Annulments are not only about the cessation of the relationship; they are legal proclamations that a marriage had never existed.
Typical causes are lack of consent, fraud, mental incapacity, etc. If either party was a minor without parental consent, then that’s yet another reason. Other reasons might include bigamy and the marriage not being consummated.
It is necessary to bear in mind that such grounds differ from state to state so it is important to consult the laws of the area you are in. Ascertain that you have the proper ground for your case before seeking annulment.
The Legal Process of Seeking an Annulment
The court process for filing for dissolution of a marriage can be intimidating, regardless of how you feel about the end of your marriage, so you should not attempt to go through it alone, according to the law firm Granados Law Group.
To begin with, gather all of the necessary documents, like your marriage certificate, and any evidence that will help improve your annulment case.
It is critical to consult a family law attorney since he or she will be able to advise you about the peculiarities of your area.
Next, your application for annulment will be made to the court together with detailed reasons thereof. After submitting your files, a date will be fixed for a hearing, and then you will be amply heard. One universal thing that you should note is the nature of anxiety.
Along with friends or family, you will obtain not only comfort but also a connection that will be maintained.
Common Misconceptions About Annulment
What are some common misconceptions that people have about annulments? Many people think of annulments as a trendy way to end a marriage, but there is a big difference between annulments and divorces. A divorce ends a marriage that the law has already recognized, while an annulment means that the marriage was never legal in the first place.
The perception of annulments as uncomplicated and a quick resolution is common, but they really require legal support, especially when concerning matters such as fraud or inability to consent. Others think that only short marriages can be annulled, but even a long-lasting relationship might be annulled if the conditions are met. There is always the myth that annulments are universal, but annulment laws can differ from one state to another.
By recognizing these misconceptions, you have more chance to choose wisely if you ever think of this legal option.
Impact of Annulment on Personal and Financial Matters
Misconceptions about annulment might lead to confusion about the real effects of an annulment on your life. You must understand what applying for annulment means for your personal and financial affairs.
An annulment affects everything from property division to debt assignment. Emotional challenges are likely to arise for you, especially if you live in a harmony-based community, and this perception problem can hinder your progress.
Financially, be prepared to redress jointly held assets or debts in a new light. You need a good lawyer to help you through this complicated legal process and to guarantee that you are safe and educated.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.