By: Jason Maxwell
Submitted: 2010-11-03 21:42:43 | Word Count: 446
For many people, the terms divorce and annulment can be veryconfusing and sometimes do not know the difference between them. Let us discuss the differences between the two.
Initially, we tackle the things that the two have in common, which is a lawful end to a marriage. The decisions needed regarding custody of the children (if any), child support, property & debt division, and alimony, which is maintenance or support for the spouse are included. Usually a fault is blamed on one of the parties, which is the ground for the end of the marriage. Divorce results usually in the dissolving of the marriage while an annulment is a legal way of determining that the marriage was never applicable in the first place.
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An annulment decides that the union was not legal and is for that reason null and void. This eradicates the marriage legally as though it never happened at all. The curious thing is if there were children conceived during the marriage, they are still regarded as legitimate, born into a lawful marriage and a legal offspring of both parties. There is no alimony given to annulment cases.
Annulments are not awarded in cases where you had a change of heart, are being abused by your husband, are not happy with the union, feel that you made a mistake, etc. A legal ground for making the marriage invalid should be present. Annulments can also be contested the same as divorce. Most states have the same process for both proceedings, same papers, same hearings. Annulments only happen when both parties agree on it. Whereas in divorce, an agreement of both parties isn't needed. Annulments are really rare occurrences in America.
Not all states have the same requirements for annulment cases but they usually include the following: one of the spouses is not able or even not willing to do the consummation of the marriage; one of the spouses kept something hidden from the other, such as having previous children, contracting a disease before the marriage, being unable to conceive, etc; one of the spouses was below the marrying age at that time; one of the spouses didnt mention being married already to another person; one of the spouses had a mental disorder during the marriage proceeding; one of the spouses was masquerading (fraud); the parties have a blood relation.
Religious annulment is not the same from legal annulment in that a religious institution grants it instead of the court.
Author Resource:-
If you are in need of a Claremore attorney, try the Antinoro Law Firm. We can provide you with a Claremore lawyer who specializes in divorce proceedings.
