Annulment and Divorce

We all know that divorce and annulment are related to dissolution of marriage. Then what is the difference
between annulment and divorce? Once the married couple has decided to separate, they can either initiate an
annulment proceeding or a divorce proceeding. (There are two types of annulment proceedings, one is the civil
annulment, which is conducted by the state and the other is the religious annulment, which is conducted by the
church. The annulment, explained in this article is strictly civil annulment, as religious annulment is different for
each religious authority.) A basic idea about the various aspects of both legal proceedings can help in choosing the
right one, which is best suited for your circumstances. (Some married couples opt for legal separation, without
divorce, wherein the court decides on every other aspect, like, division of property, alimony, child support, custody
and visitation.) Read more onlegal separation vs divorce.

Coming to annulment vs divorce, the basic difference between the two lies in the fact that the former is a legal
proceeding to obtain a decree that the marriage was invalid from the very beginning, whereas a divorce proceeding
is initiated to end a valid marriage. In short, in a divorce, the court relies on the fact that there is a valid marriage,
but through a divorce decree, stops the valid marriage from continuing. In case of annulment, the court assumes
that whatever happened was not a legal marriage and there is no need of termination of marriage. All that is
required, is to declare the union of the couple as invalid. Now, you know the basic difference between annulment
and divorce, which are law terms, that can be confusing for many. Read more on law terms - glossary of legal
terms and meanings.

Annulment vs Divorce - Procedural Differences

Now, you know the basics of annulment vs divorce. As far as the legal procedures are concerned, annulment
proceedings are considered to be less messy, as compared to divorce proceedings, which can be lengthy too. Most
of the annulment proceedings do not take into consideration, other factors, like, alimony, division of property, child
custody, etc., whereas in a divorce proceeding, usually, the court rules on most of these factors. Even though, the
rules of annulment and divorce vary from one state to another, the basics are more or less the same. As an
annulment results in declaring a marriage invalid from the beginning itself, there is no question of maintenance or
alimony, which is granted in divorce. When it comes to distribution of property, the court tries to restore the
original financial state of the parties (before the marriage), but in a divorce proceeding, the court tries to divide
marital property equitably. In divorce, child support and custody are matters, which are taken into consideration,
whereas this is not the case in annulment, with exception to some states. Read more ondivorce advice and divorce
attorneys.

It has been observed that annulment proceeding is also treated like a divorce proceeding and all factors are taken
into consideration, in case of very long-standing relation between the parties. In general, it has been seen that
marriages of short duration are qualified for annulment, while long standing marriages qualify for divorce
proceeding. While grounds for divorce include cruelty, adultery, desertion, physical inability to consummate
marriage, infidelity, abandonment, bigamy, etc., the grounds for annulment include misrepresentation or fraud,
concealment, inability to consummate the marriage, misunderstanding, etc. Any of the parties can initiate an
annulment or a divorce proceeding. But, it is always better to consult anattorney or divorce lawyer regarding the
dissolution of marriage. The lawyer will be in a better position to give you guidance regarding the selection of an
appropriate procedure, which is best suited for you.
Legal Separation Vs. Divorce
Most people confuse between a separated couple and a divorced one. Well they may be two similar things, but
when it comes to the smaller details, they are slightly different. Here's how we can explain legal separation vs
divorce
In its simplest terms, the difference between a legal separation and a divorce is that a divorce ends a marriage,
while legal separation does not. A legal separation allows some cool-off time for a troubled couple and gives them a
chance to reconcile their relationship. And if things work out well between the couple later, the legal separation can
be ended and the couple can continue their marriage. A divorce on the other hand puts a permanent full-stop to
the marriage. There are some more differences between a legal separation and a divorce. Let us discuss 'legal
separation vs divorce' in detail.

Legal Separation
Most people might not know that the law gives you several options to reconcile your relationship. While a divorce is
pretty straightforward and most people know about the legal repercussions that follow, let me first explain a
slightly softer alternative to divorce - a legal separation. It is something a couple might want to think about before
filing for a divorce.

Types of Separation
Sometimes a couple thinks that they need a divorce, when actually what they need is some time out. The pressure
between two married people can sometimes be eased by just staying away from each other.

Trial Separation: Here the couple lives apart to cool the tensions between them. Often, there is just a simple fight
between the couple, or a clash of egos. In such a case, a trial separation keeps them apart for a while and gives
them a chance to realize that they cannot live without each other and that divorce is too extreme a step.

Living Apart: A situation where the spouses are no longer residing in the same dwelling. The legal rules for such an
arrangement varies from state to state. If the couple know that they are certainly not getting back together, in
some states, the rules to asset ownership and accumulated debts change i.e., depending upon the rules in each
state, the assets/debts incurred by one spouse may be the property of that person alone or a joint property.

Permanent Separation: A situation when a couple is sure of splitting up. In most states, all assets and debts
incurred by either spouse is their own responsibility, EXCEPT in certain cases, where they are incurred for
maintaining their marital home or their children.

Legal Separation: Legal separation is very much like a divorce. The court rules on various issues such as division of
property, separate maintenance, child custody and visitation rights, but does not end the marriage. A divorce
might be the next step, but a legal separation at least gives the couple an opportunity to continue their marriage.

Legal Separation vs Divorce
Now that we know what is a legal separation, let us understand the advantages and disadvantages of legal
separation vs divorce.
y In a legal separation, a health insurance coverage continues uninterrupted. A divorce ends the health
insurance coverage of a spouse and they are forced to pay a higher premium to retain the insurance.
y A legal separation does not end a marriage in the eyes of law. Therefore, after 10 years of marriage, the
spouse is applicable for certain social security benefits, and here again a legal separation is fruitful.
y A legal separation is also a considered as a 'softer' option to divorce. A divorce is viewed as a more
extreme step and may not be taken by several couples for religious and personal reasons.
y A legal separation may still end in a divorce, but it gives the marriage a chance, and the couple to get
back together.
y The only disadvantage to a legal separation is that bigamy is not permitted in the United States, and
hence a partner in a legally-separated marriage cannot marry someone else.
So this was all about legal separation vs divorce. Separation or divorce, either way it is quite an extreme step and
leaves behind a trail of broken hearts. One need not always take such a harsh decision. Sometimes all you might
need is some marriage counseling, mutual communication or a slight personality correction. Is that too much to
give for the person you love?
Dlvorces und unnulments both huve the sume effect--they dlssolve the murrluge. However, they dlffer ln how they treut the murrluge.
When people get u dlvorce, they ure stlll recognlzed us huvlng been murrled prevlously. An unnulment, on the other hund, treuts the
murrluge us though lt never exlsted. Some sltuutlons pluce people ln such uwkwurd posltlons, thut they slmply wunt to treut the murrluge
us though lt never exlsted. Some people do not wunt the stlgmu they belleve uttuches to dlvorce. Others muy prefer un unnulment for
rellglous reusons.
LEGAL SEPARATION vs DIVORCE
or ANNULMENT
By Barry J. Roche
Most people confused about Legal Separation vs Divorce. Technically and legally, a divorce is the
process of dissolving the marriage - nothing more and nothing less. In other words, it is the process of
obtaining a Declaration from the Court that your marriage is now at an end - Divorce means that you are
no longer a married couple nor spouses (i.e. husband and wife or visa versa).
When most people say they "want a divorce", they are referring to the whole gamit of related Family Law
issues that often go along with the desire to dissolve the marriage. Consequently, how simple or
complicated a divorce is depends, not only on the laws in your State or country but your own personal
circumstances as well. If you have other issues such as child custody, visiting rights or property
settlement to resolve, then your divorce will not just involve a straight dissolution of the marriage.
Divorce isn't just filling out forms and filing them. It's also about legal language, legal procedure and
most importantly, resolving outstanding family law issues with your spouse.

This means that you will have decisions you need to make. You may also want these decisions to be
legally binding. Often the signing of a marital settlement agreement, for example, is not sufficient to
constitute a legally enforceable agreement. The agreement may have to be approved by the court.
In countries such as Australia, the concept of Legal Separation has been done away with. However, in
the United States it still prevails in many jurisdictions. The main difference between a Legal
Separation and Divorce is that in a Legal Separation, the marriage is not dissolved. The parties are
simply declared to be legally separated but remain "spouses". As in a divorce, other issues such as
custody, visiting rights, child support and property settlement may still be resolved.
Again, most people don't know the difference between a Divorce and an Annulment. A Declaration or
Decree of Divorce recogises that there was a valid marriage which has now been dissolved. An
Annulment is a Declaration or Decree that the marriage was NOT a valid marriage in the first place. In
order to obtain the latter, you normally have to show that there was either fraud, undue duress or an
absence of consent. For example, if you were "off your face" drunk when you got married, then this
would amount to a lack of consent. Another example would be where you got married because you were
threatened with something if you didn't. However, if you married someone so one of you could get a
Green Card, this does not go to a lack of consent, fraud or duress. Consequently, annulments are
nowhere near as common as divorces, because the legal criteria is much more rigid.
There was a news article about a London heiress who, after 17 years of marriage, discovered that her
husband was actually a woman. Her transsexual spouse concealed his true gender from her for 17 years,
using a home-made part of the anatomy for sex. While many people would find it surprising that in 17
years of marriage, the wife did not realize she was living with a woman, the court still nullified the
marriage. It was, in effect a form of fraud.