how-is-annulment-different-from-divorce

How Is Annulment Different From Divorce?

Marriages can end in a number of ways; a spouse may die, the parties might decide to get divorced, a legal separation (while not a complete end to the marriage) might be the answer for you, or an annulment might be granted. The legal mechanism you decide on to end your marriage will have certain consequences, and the results are not the same for every case. For instance, in a legal separation the parties remain married but do not live together. In a divorce, an order is entered decreeing the parties to no longer be husband and wife; and, with an annulment the marriage is considered to have never even taken place. Most annulments are sought for religious reasons, but there may be certain financial or emotional advantages to having your marriage annulled rather than filing for divorce. It is important to understand how divorce and annulment are different, so you can make a choice that meets your needs.

divorce is a legal proceeding to dissolve a marriage. The end result is that the parties are no longer spouses, but the law considers that at one time a valid spousal relationship existed. This is different from an annulment as follows:

  • An annulment is a declaration that the parties were never married. There is no final decree stating the couple is no longer married, the final result is that the pair were never legally considered spouses. Obtaining this type of order is important in certain religions, especially if a wedding to another person is in the future.
  • In order to obtain an annulment, certain conditions must first be met. Some examples are that the marriage was entered into through coercion or duress, or that one of the parties to the marriage worked some fraud on the other. Common examples of this type of fraud include a desire to have children, or even the ability to do so.

What all of this means is that there is a stricter standard for seeking an annulment than there is for asking for a divorce. In order to find out if you qualify, and if an annulment will yield the results you are after, call our office.

For more information about how to get an annulment, call us today. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.