Annulment - An Overview
Lately I've noticed an increase in couples who are interested in ending a marriage by getting an annulment instead of getting divorced, so this article will help remove the confusion many experience about the difference between the two.
They are actually very different things.
The main difference is how the marriage is viewed after it is terminated.
When people get divorced, their marriage ends.
The fact that the marriage was recognized as valid is what makes it different from an annulment.
When a couple decides to get an annulment, on the other hand, their marriage will be seen as null and void.
The marriage will be considered invalid since it started.
To put it simply, in an annulment, your marriage never existed.
According to the Catholic Church, marriage is a contract and there are many conditions and elements required in order to make this contract valid.
If not all of these conditions and elements are met, then the marriage is seen as void.
Some of these conditions include the promise of fidelity, and procreation.
According to the law, there are also several other reasons that can qualify a marriage for annulment.
One of the most common reasons used by couples is mental incapacity.
This means that one of the spouses was not in his proper mental state when he or she agreed to get married.
Mental incapacity may be due to disorders of the mind or intoxication.
Another reason is when one of the spouses enters a marriage against his or her free will.
If one of the spouses was forced, threatened, or coerced into marrying, then the marriage can be annulled.
The decision to get married must be made by a person using his or her own free will.
Other reasons for a marriage to be annulled are when the spouses are biological siblings, when a spouse or both spouses are underage, and when one of the spouses is already married.
These are also grounds for the court to declare the marriage as invalid.
Unlike in a divorce, when you get an annulment, you are permitted to remarry immediately after the hearing.
When you get divorced, at least in California, your marriage is not fully dissolved until at least six months after you served notice on your spouse (or your spouse served notice on you; or for a Summary Dissolution, six months after one of the spouses filed the Petition.
The rules for remarrying after divorce state that once your Judgment is entered, your divorce is legally complete and you can remarry.
However, to be final, your Judgment must have been obtained fairly, and both spouses must have provided complete and accurate disclosure.
There are several circumstances in which officially a Judgment could be attached and some or all of its orders set aside.
In reality, these attacks are limited more by practical limitations than legal ones, because it costs a lot of money and emotional determination to conduct a legal battle.
To avoid the potential for attack against your Judgment, be very careful and thorough with your disclosure and make sure you have a high-quality settlement agreement.
They are actually very different things.
The main difference is how the marriage is viewed after it is terminated.
When people get divorced, their marriage ends.
The fact that the marriage was recognized as valid is what makes it different from an annulment.
When a couple decides to get an annulment, on the other hand, their marriage will be seen as null and void.
The marriage will be considered invalid since it started.
To put it simply, in an annulment, your marriage never existed.
According to the Catholic Church, marriage is a contract and there are many conditions and elements required in order to make this contract valid.
If not all of these conditions and elements are met, then the marriage is seen as void.
Some of these conditions include the promise of fidelity, and procreation.
According to the law, there are also several other reasons that can qualify a marriage for annulment.
One of the most common reasons used by couples is mental incapacity.
This means that one of the spouses was not in his proper mental state when he or she agreed to get married.
Mental incapacity may be due to disorders of the mind or intoxication.
Another reason is when one of the spouses enters a marriage against his or her free will.
If one of the spouses was forced, threatened, or coerced into marrying, then the marriage can be annulled.
The decision to get married must be made by a person using his or her own free will.
Other reasons for a marriage to be annulled are when the spouses are biological siblings, when a spouse or both spouses are underage, and when one of the spouses is already married.
These are also grounds for the court to declare the marriage as invalid.
Unlike in a divorce, when you get an annulment, you are permitted to remarry immediately after the hearing.
When you get divorced, at least in California, your marriage is not fully dissolved until at least six months after you served notice on your spouse (or your spouse served notice on you; or for a Summary Dissolution, six months after one of the spouses filed the Petition.
The rules for remarrying after divorce state that once your Judgment is entered, your divorce is legally complete and you can remarry.
However, to be final, your Judgment must have been obtained fairly, and both spouses must have provided complete and accurate disclosure.
There are several circumstances in which officially a Judgment could be attached and some or all of its orders set aside.
In reality, these attacks are limited more by practical limitations than legal ones, because it costs a lot of money and emotional determination to conduct a legal battle.
To avoid the potential for attack against your Judgment, be very careful and thorough with your disclosure and make sure you have a high-quality settlement agreement.
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