A divorce and an annulment are both legal ways to end a marriage. A divorce can be defined as the legal dissolution of a marriage by a court or other competent body, and an annulment is a legal procedure that actually cancels a marriage.
You may be wondering, what’s the difference between canceling and dissolving a marriage? A big key is they are mostly the same, except there has to legally be grounds for an annulment, whereas divorces are a choice under mostly all circumstances.
Grounds for an Annulment
To be able to get an annulment, there must be practical reasons that can prove at least one of the following aspects:
- At the time of the marriage, at least one spouse was under the age of eighteen or younger.
- At the time of the marriage, at least one spouse was mentally incapacitated, and unable to consent.
- The marriage took place due to fraud, coercion, or duress.
- At least one spouse suffers from an incurable mental illness.
Differences in Final Steps
When ending a marriage, a big topic of interest legally is the responsibility of assets. Differences regarding the topic of assets and property include:
- Spousal support. In an annulment, neither party can request this. In a divorce, these requests are allowed.
- Property division. Before a divorce is finalized, the property must be divided and claimed fairly. Within an annulment, the court would like each party to be in the same position they were before the marriage.
Family Law Legal Support
Although it is not mandatory to obtain a lawyer for divorces or annulments, it is highly recommended.
If you need advice about legal problems among family members, we will set up an appointment with a pro bono attorney from the New York County Lawyers Association who is trained in several aspects of Family Law. Fill out a form here to get started.
