FOR LAWYERS

When looking to end a marriage, there are sometimes multiple ways to accomplish that goal. The most common route of dissolving a marriage is through divorce. However, sometimes an annulment can also be used to end the marriage. Functionally, these two processes will both end a marriage if they are successful. However, there are some key differences. 

The first difference between divorce and annulment is that while a divorce ends the marriage formally, an annulment makes it so that the marriage never counted. Essentially, an annulment declares that some core defect was present that makes the entire marriage illegitimate.

This also brings up a second difference between annulment and divorce: divorces do not have to find fault. In a divorce proceeding, the couple can either file a no-fault divorce in which no one is at fault for anything, or an at-fault divorce in which some member of the marriage is accused of causing the divorce. Due to the nature of annulments, all annulments are at-fault annulments. 

There are a number of causes for an at-fault divorce. These include:

  • Abandonment of the spouse
  • Adultery
  • Alcoholism
  • Domestic violence
  • Drug use

By comparison, the justifications for an annulment are quite a different matter. Annulments can be justified by stating that the marriage was defective from the outset. These defects include if the marriage:

  • Was between two blood relatives (incest)
  • Took place while one spouse was still married, in a civil union, or domestic partnership with someone else (bigamy)
  • Occurred as the result of force or the threat of force
  • Was based on some major deception or the spouse did not disclose children or significant debts (fraud)
  • Involved someone who was physically or mentally incapacitated
  • Involved someone who was below the legal age for marriage
  • Occurred while one or both spouses were severely intoxicated

All annulments need to be approved by the judge before they are valid and because they are invalidating the entire marriage, they may be more stringent than if the parties simply wished to be divorced. Both divorce and annulment can involve issues of child custody, spousal support, and equitable division of the assets. However, this is not always the case.

If you are considering a divorce or an annulment, then you will need an experienced family law attorney to help guide you through the process and protect your interests. The best way to find an experienced, local family law attorney is with Attorney at Law

At AAL, our nationwide network of attorneys and law firms can match you with the best family law attorney in your area. Our network of legal advocates is made up of firms and attorneys with a winning record, sufficient resources, and a record of client care. We understand what a delicate process ending a marriage can be and that’s why we make sure that our partners are empathetic and sensitive to your needs.

Don’t wait. Contact AAL today for a free, no obligation consultation and begin your journey back to peace of mind.

Ask a Lawyer

Ask your own question and get advice from expert attorneys
Ask Question

Featured Divorce & Family Law Lawyers

The Thompson Law Firm, LLC

41 years in practice
Adoption, Birth Injury, Child Custody, Child Support, Criminal Defense
View Profile

Schultz Law Firm, LLC

17 years in practice
Criminal Defense, Domestic Violence, DUI Law
View Profile

The Campbell Law Offices

22 years in practice
Child Custody, Criminal Defense, Divorce Law, Personal Injury
View Profile

Richardson Law Firm P.C.

12 years in practice
Hair Relaxers Lawsuit, Mass Tort, Personal Injury, Rideshare Lawsuits, Tepezza Lawsuit
View Profile

Adam Rieth - Injury Attorney

10 years in practice
Auto Accidents, Brain Injury, Motorcycle Accidents, Personal Injury, Truck Accidents
View Profile

Vanguard Attorneys

12 years in practice
Auto Accidents, Motorcycle Accidents, Personal Injury, Truck Accidents, Wrongful Death
View Profile

Contact AttorneyAtLaw.com

Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
© 2023 Attorney at Law | All rights reserved
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram