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Annulment vs. Divorce

Annulment vs. Divorce

Posted By Meyers Law Group, P.C. || 29-Mar-2013

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
  • Concealment
  • 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!