When a marriage ends, couples often think of divorce as the only option. However, annulment is another legal process that may be available in certain situations.
How annulment affects marital status
An annulment legally erases a marriage, making it as if it never happened. Courts grant annulments only in specific cases, such as fraud, coercion, bigamy, or an inability to consent to the marriage. Unlike divorce, which ends a valid marriage, annulment declares that the marriage was never legally binding. Because of this, annulments are less common and can be harder to obtain.
Property and financial rights after annulment
Since annulment voids a marriage, property division laws that apply in divorce cases may not apply. Courts typically try to return each party to the financial state they were in before the marriage. Unlike divorce, where courts divide marital property and debts, annulment often means each person keeps their own assets and obligations. However, if a couple accumulated significant joint assets, courts may step in to divide them fairly.
Child custody and support considerations
Annulments do not affect the rights of children born during the marriage. Courts treat children from an annulled marriage the same as those from a divorced couple. Parents must still determine custody, visitation, and child support, ensuring that the child’s best interests come first.
Legal consequences of divorce
Divorce ends a legally valid marriage and grants each person the rights they would have as a single individual. Courts handle property division, spousal support, and child custody through established laws. Unlike annulment, divorce acknowledges that the marriage was once valid and provides a structured legal process for separation.
Choosing the right option
Annulment and divorce have different legal consequences, and eligibility for annulment depends on specific circumstances. Consulting an attorney can help individuals determine the best option for their situation.