Divorce is technically not the only means of ending a marriage. Under select circumstances, couples can seek an annulment, in which their union is deemed invalid. While many couples fail to even consider annulment as an option, it can hold considerable advantages for qualifying couples. We’re here to clear up the confusion; read on to learn more:
In a financial sense, annulment can prove preferable simply because it removes the need for alimony. Because the marriage is declared nonexistent, annulment eliminates any claim to spousal maintenance. Child support, however, could be available — just as it could if unmarried parents separate.
With property division, courts attempt to trace all assets back to their origins. If property cannot be divided in this manner, courts should strive for fair division while attempting to place spouses in the relative position they occupied prior to their invalid marriage.
Some spouses prefer annulment on a purely emotional level. Because annulments underscore that the marriage was never valid in the first place, they can offer a valuable sense of closure to those who feel they are not ‘at fault’ for the marriage’s demise.
When Divorce Is Preferable
The downside of seeking an annulment? It may require extensive documentation — well beyond that required for divorce. Even if you believe you qualify for an annulment, you may struggle to prove your eligibility in court. While the logistics of divorce can be complicated, qualification standards alone may make dissolution far simpler than annulment. Ultimately, there is no easy solution; you’ll want to work with a trusted attorney to determine which approach works best under your unique circumstances.
Whether you ultimately opt for annulment or divorce, you can benefit from strong legal representation. Reach out at your earliest convenience to learn more about our approach to annulment and divorce.