Two legal options exist when it comes to ending a marriage or other domestic partnership, an annulment and divorce. Both of these options have similarities, but they can be used for different situations and couples. Couples wishing to end their marriage should learn more about each option to determine the best option for them.
Kaufman, Nichols, and Kaufman offer legal advice and have specialists that can aid you through the process of an annulment or a divorce. Ending a marriage is a complicated process, so working with a skilled lawyer can help lift some of the stress from your shoulders.
What Is An Annulment?
An annulment is a legal action that erases a marriage by declaring it null and void. The court will effectively rule that your marriage never existed based on a few factors. Some lawyers will suggest annulling the marriage to save the couple from dragging out divorce proceedings. Annulment doesn’t mean the marriage never happened, it just means that it was never legally valid.
Some reasons an annulment can be suggested for couples include:
- Bigamy: One or both spouses were already married at the time of the marriage
- Forced consent: You or your spouse entered the union under duress
- Prohibited by law: Usually used in cases of incest
- Mental illness: One or both partners were not in the right headspace or emotionally disturbed at the time of the marriage
- Underage marriage: One or both partners were not the legal age of marriage (varies by state)
- Inability to or lack of consummation: Either spouse is unwilling or incapable of sexual relations.
Marriage Annulment Time Frame
The biggest difference between the two legal actions is the time frame since the marriage occurred. In specific situations (cases of incest, underage marriages, etc.) the timeline may not apply. Annulments are not immediately granted if you have only been married for a short time, your relationship will have to meet one of the above conditions before annulment will be considered. However, marriages that have lasted a long time may not be candidates for annulments.
In the state of Utah, the length of a marriage is not a legal ground for annulment. There is no time frame or time limit to file for an annulment in Utah, but other states will vary.
Costs Of Annulling A Marriage
One myth around annulments is that they will be cheaper than a regular divorce, but both options can be costly. Depending on if both parties agree to the annulment or divorce, the legal proceedings and costs can be relatively low. Minimal disagreements will help keep the costs of ending a marriage low.
Hiring an attorney, what state you reside in, choosing how legal proceedings will go, and splitting custody or if you have to provide spousal support will all affect the overall cost.
What Is Divorce?
A divorce is defined as a termination, dissolving, or ending of a marriage that was legally valid. Ending the legal marriage declares the spouses as single again, but the marriage did exist and was legal in the eyes of the state/nation.
Fault vs. No-Fault Divorce
There are factors like adultery, imprisonment, or abandonment that can change the projection of your divorce. These factors are all considered reasons for fault divorce.
No-fault divorces are where neither spouse needs to prove wrongdoings or fault in order to get a divorce. These divorces often cite “irreconcilable differences” as the reason for ending the marriage.
No matter what type of divorce happens, divorcing couples may still have disputes over assets, children, and other finances. Fault divorces can lead to larger settlements for the party that is without fault.
Cost Of Divorce
There are many factors that change the cost of divorce proceedings. No divorce is the same and no lawyer’s costs are the same. Filling fees, the complexity of the case, assets obtained during the marriage, your current location, and agreeing on child custody are all reasons your cost of divorce could change. Before you hire a lawyer, make sure that you can pay them and that there aren’t any hidden fees that could trip you up in the long run.
Children And Assets After A Divorce
Another aspect to consider when choosing between an annulment or divorce is children and your monetary assets. Children of an annulled marriage are still considered legitimate (born to married parents). Some states may have a judge establish the children’s parentage and custody during an annulment.
Annulments also don’t include the division of property or alimony that would be considered during a divorce. Since the annulment makes the marriage non-existent in the eyes of the law, anything you share as a spouse is not guaranteed to be split during the proceedings.
Services From Kaufman, Nichols, And Kaufman
Filling for an annulment or a divorce is an emotional process. Our experienced lawyers can help you navigate the legal proceedings with ease. Kaufman, Nichols, and Kaufman focus on family law, which includes divorces and annulments in the state of Utah. We represent individuals in Ogden and Weber counties to help them find the best option for their situation. We can help you determine if an annulment is the best way to end your marriage. Contact our team to get started today.