Dissolving a marriage can be a complex and emotional experience. Amidst the turmoil, understanding your options is crucial. Two primary legal paths exist: annulment and divorce. But which one applies to your situation? Dempsey, Roberts & Smith’s family law attorneys are here to guide you through the key differences, so you can make an informed decision.
Understanding Annulment: Declaring “I Do” Never Happened
Imagine a marriage built on shaky foundations. An annulment essentially erases this marriage from legal existence, declaring it void from the beginning. This can occur for various reasons, including:
- Lack of legal capacity: One spouse was underage, mentally incapacitated, or forced into marriage.
- Bigamy: One spouse was already legally married at the time of the union.
- Misrepresentation or fraud: One spouse concealed crucial information, like a hidden criminal record or pre-existing marriage.
- Consummation issues: The marriage has never been physically consummated.
Filing for Divorce: Acknowledging a Marriage, Seeking Termination
Divorce officially ends a valid marriage, acknowledging its existence but dissolving the legal and financial ties binding the spouses. This path is applicable when:
- Irreconcilable differences: You and your spouse have tried but cannot overcome lasting issues.
- Separation: You’ve lived apart for a specific period (varies by state).
- Fault-based grounds: Adultery, abandonment, or abuse, depending on your state’s laws.
Choosing the Right Path: Seek Expert Guidance
The choice between annulment and divorce hinges on the unique circumstances of your marriage. Depending on your personal beliefs or religious affiliations, an annulment may offer a sense of a “clean slate” compared to a traditional divorce. Some religions may also recognize an annulment as a more acceptable dissolution of a marriage. For those who prioritize closure and legal clarity, a divorce might be more satisfactory as it acknowledges the existence of the marriage while bringing it to an end.
For some individuals, an annulment can hold greater emotional weight because it essentially negates the marriage ever happening. This can be helpful for those who feel they were misled or entered the marriage under false pretenses. While acknowledging the reality of the marriage, divorce can still provide closure and allow individuals to move forward with their lives. Every situation is unique, and the reasons for pursuing an annulment vs. divorce can be complex and nuanced. This is why it is important to have an experienced legal team at your side.
Our Family Law Attorneys Can Help
At Dempsey, Roberts & Smith, LTD we’re committed to empowering you to make informed decisions and begin the path towards a better future. Contact us today at (702) 388-1216 for a free and confidential consultation.