Perhaps you and your spouse were married just recently, you thought it
was true love and you couldn't imagine spending your life without
them. Unfortunately, things don't always end up happily ever after
and you may learn to discover that you do not want the marriage to work
out by any means necessary. It may be so bad that you wish the marriage
never happened at all, and you are considering having annulled because
you want it to disappear that badly. If this is the case for you, it is
important to understand the difference between
divorce and annulment in order to determine which route you and your soon-to-be
ex-spouse will take.
Both options are legal court proceedings that are used to end a marriage;
however they are very different for a few reasons. A divorce is the simple
ending of a marriage that in essence leaves a trail hat you were once
connected to another person. However, an annulment is considered to make
the, marriage as null and void or acting as though it never occurred.
There are various reasons for which a person may want an annulment, often
because of the hardship of the relationship or because of a religious
requirement in order to remarry.
In order to file for an annulment, there are a few requirements that need
to be met; and though it can vary by state laws, there are general requirements
that are needed to be met in this situation. These include:
- Fraud or misrepresentation
- Marriage consumption refusal or inability to do so
- Misunderstanding between the two parties
- Religious reasons
When dealing with marriage, you are expecting that the person is being
completely honest in their actions. Unfortunately, we live in an untrustworthy
world, with many people who lie about very important details in life.
This can include discovering that your husband currently has another wife
and is living a double life, or a learning that your wife is unable to
have children even though she said that she could. If this occurs, there
may be grounds for an annulment of your marriage.
Another possibility is that if a spouse conceals a big aspect of their
person from you before the marriage then there may be grounds for an annulment.
This would include the fact that they are addicted to drugs or alcohol
and it makes for an unsafe environment for you and the children. It also
includes learning that they concealed the fact they have a sexually transmitted
disease or the man has impotency. In some cases, a marriage is not fully
considered completely until here is a consummation, so if for some reason
your spouse refuses to do so or you learn that they are otherwise unable
to, you may be able to seek an annulment. Misunderstandings may also be
a cause for an annulment of your marriage. Perhaps you learn that your
spouse does not want to ever have children, and all you care about is
raising a family; this disagreement can lead to many problems in the marriage
and therefore be grounds for the voiding of the relationship.
Lastly, religious reasons are often a large role in going about an annulment
of a marriage. Specifically within he Roman Catholic church, if a person
ever wants to remarry within the church, they are required to have their
past marriage made void legally. In this religion, if your past marriage
was never annulled the church will not consider your new union as being
a valid union. When going about this process for religious purposes, the
grounds for acceptable annulments will vary.
Contact a divorce attorney in Long Island at the Meyers Law Group for more information on this process!