When a marriage falls apart, sometimes the best solution is to annul it. This means that the marriage never really happened in the first place. So what is an annulment?
Annulment vs Divorce
Annulment is a legal process that can be complex, so it’s essential to understand the ins and outs of annulment before you decide if it’s right for you.
Often, people think that annulment is just a Catholic thing. However, any married couple can file for an annulment, regardless of their religion. You must prove something wrong with the marriage from the beginning to get an annulment. This can be not easy to do, but if you are successful, it means that your marriage will be erased from the books.
What Are The Grounds For Annulment?
When filing for an annulment, you must have grounds, or a reason, for why the marriage should be annulled. You should also speak with lawyers specializing in this area, like Kirker Davis in Austin, TX, to help you navigate the legal process. Below are some of the most common grounds for annulment:
- Incest: If you married someone closely related to you by blood, you could file for an annulment on the grounds of incest.
- Bigamy: If either party was already married at the time of the current marriage, an annulment could be granted on the grounds of bigamy.
- Fraud: If one party tricked the other into getting married, this could be considered fraud.
- Mental incapacity: If one party was not mentally able to understand what they were doing when they got married, this could be grounds for an annulment.
- Underage: If one party was under 18 when they got married, this could be grounds for an annulment.
These are just some of the grounds for annulment. It’s essential to check with your state’s laws to see what the specific grounds are.
How Does Annulment End The Marriage?
The annulment ends the marriage by declaring that it never really happened. This means the marriage is wiped from the books as if it never occurred. The couple is no longer married and free to marry other people.
Although it may sound simple, getting an annulment can be complicated. Speaking with a lawyer is essential to get advice on how to proceed.
What Are The Effects Of Annulment?
You should be aware of a few critical effects of an annulment. First, any children born during the marriage are still considered legitimate. This means they have the same rights as any other child, even though their parents’ marriage has been annulled.
Second, property acquired during the marriage is still considered joint property. This means it must be divided between the parties in a divorce-like fashion. However, if the property was acquired through fraud, it may be possible for one party to keep it all.
Third, an annulment does not erase the marriage from history. Although the marriage is no longer considered valid, it will still show up on public records. This can be important to consider if you’re worried about your reputation or privacy.
How Long Does An Annulment Process Take?
The annulment process can take anywhere from a few months to a few years, depending on the grounds for annulment and the state in which you live. In some cases, an annulment may be granted quickly if there is clear evidence that the marriage should never have happened. However, in other cases, the process can be much more complicated.
Civil annulments can take 6 months to a year, while religious annulments can take much longer. It’s essential to be patient and work with a lawyer to ensure the process goes as smoothly as possible.
Should You Get An Annulment?
Annulment is not right for everyone. Some people may prefer to get a divorce, even though it’s more complicated. Others may not want to go through the hassle of getting an annulment. Ultimately, you decide whether to get an annulment is up to you.
If you think you might want an annulment, the first step is to speak with a lawyer. They can help you understand the process and what your options are. They can also help you gather the evidence you need to prove your case.
What Are The Different Ways To End A Marriage?
Those considering ending their marriage may wonder what their options are. Divorce, annulment, and legal separation are the most common ways to end a marriage.
Divorce is the most common way to end a marriage. It involves legally dissolving the relationship and dividing up property and assets. Whether or not you get a divorce, you will still need to deal with child custody, visitation, and support.
An annulment is a way of ending a marriage by declaring that it was never valid. This means the marriage is wiped from the books as if it never occurred. The couple is no longer married and free to marry other people.
Legal separation is similar to divorce because it involves legally dissolving the relationship.
However, the couple remains married and is not free to marry other people. This option may be right for those who want to maintain their health insurance or for religious reasons.
The annulment process can be heartbreaking and complicated. This is even harder when kids are involved.
You should speak with a lawyer to ensure you take the proper steps for your situation. With their help, you can make this process as smooth as possible.