Annulment is very different when compared to a divorce. Most divorces are no-fault, meaning that the cause of this divorce is not the result of particularly one individual’s poor behavior. An annulment will require you to have to prove to the judge that your spouse was involved in fraud or misconception when you were married.
If an individual is trying to get an annulment, they want it to be as if they never even married in the first place. This is the perk of getting an annulment. if you have children or property, then this may require a division as well as an agreement on the child custody. If you are making more money then your spouse, then you may want an annulment because there is usually no alimony. Your spouse may be awarded temporary alimony during the process.
There are individuals who do not want the stigma that comes with being divorced. In cases like this, they may want an annulment.
An annulment isn’t the option for everyone. There must be certain grounds that you have to prove in order to get an annulment. If you can’t prove the following, then you will have to get a divorce.
The grounds for an annulment include:
-fraud or misconception ( ex. getting married to obtain a green card, alleging you can legally consent to marriage when that is not true, alleging that you are able to have children when you cannot, alleging that you are not married to someone else when you are, etc)
– when a spouse could not consent to marriage because of a mental incapacity, use of drugs, or use of alcohol
-when a spouse cannot consummate the marriage and the other spouse is unaware of this
– when a spouse was under the age of consent
-when there is threat or force involved
-when the marriage occurred due to a dare or joke
– when the marriage is void due to bigamy or polygamy
-when there is incest involved
– or finally when there is concealment of major issues
Depending on what state you live in, the time frame you have to get an annulment may vary. Some states do not have a time frame, while others have specific limits.
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