Annulment or Divorce?
When a marriage ends, there are several legal paths to formally dissolve the union. The two most common options are annulment and divorce, but many people are unsure of the differences between the two. While both end a marriage, annulment and divorce have distinct legal implications and requirements.
What is an Annulment?
An annulment is a legal procedure that declares a marriage null and void, as if it never occurred. Unlike a divorce, which ends a legally valid marriage, an annulment treats the marriage as though it was never legally valid in the first place.
In California, an annulment can be granted under specific circumstances outlined in state law. These circumstances typically involve situations where one or both parties were not legally capable of entering into a marriage, or if there was some form of fraud or deceit involved.
What is a Divorce?
A divorce, on the other hand, is the legal dissolution of a valid marriage. Unlike an annulment, a divorce acknowledges that the marriage was legally valid but has come to an end. In a divorce, both parties are considered legally married until the divorce is finalized, and they must divide marital property, assets, and sometimes address issues like alimony or child custody.
Divorce is the most common option for ending a marriage, as it is the legal path for couples who no longer wish to be married but do not meet the criteria for an annulment.
Annulment Versus Divorce: Key Differences
The primary distinction between annulment and divorce lies in the legal status of the marriage.
Legal Recognition of the Marriage
Annulment
An annulment legally treats the marriage as if it never existed. If granted, it essentially erases the marriage from a legal standpoint.
Divorce
A divorce acknowledges that the marriage existed but ends the legal relationship between the spouses.
Grounds for Annulment and Divorce
Annulment
In California, annulment is typically granted under specific grounds, such as:
- Fraud or misrepresentation
- Impotence or inability to consummate the marriage
- Underage marriage without parental consent
- Incest or bigamy
- Lack of mental capacity to understand the nature of the marriage contract.
Timing is also a consideration. Most requests have to be filed within four years.
Divorce
A divorce can be granted without proving fault. The most common grounds for divorce are:
- Irreconcilable differences: The couple has differences that cannot be resolved.
- Separation: The couple has been separated for a specified period (usually six months in California).
Couples that have been married for over 4 years almost always file for divorce instead of annulment.
Timeframe for Filing
Annulment
The timeline for filing for an annulment is typically shorter than for a divorce, and it may vary based on the grounds. For example, an annulment based on fraud or incapacity must usually be filed within a few years of discovering the issue.
Divorce
In California, the minimum waiting period for a divorce is six months after filing. However, the entire divorce process can take longer, depending on the complexity of the case and whether the couple can agree on issues like property division and custody.
Property Division and Spousal Support
Annulment
Since an annulment declares the marriage void, there is no division of marital property. However, if there were assets or debts accumulated during the marriage, some courts may still address the division of property as part of the annulment process, especially if there is a legal separation.
Divorce
In a divorce, the couple is required to divide marital property and debts, often through negotiations, mediation, or court orders. Spousal support (alimony) may also be awarded in certain situations based on the length of the marriage and the financial circumstances of both parties.
Children
Annulment
If children were born during the marriage, the annulment does not affect their legal status. The children are still considered legitimate, and the court will address custody and support issues.
Divorce
In a divorce, if the couple has children, custody, visitation, and child support will be determined as part of the proceedings.
Can You Get an Annulment Without the Other Person’s Consent?
In some cases, an annulment can be granted even if one spouse does not consent to the annulment. However, it depends on the grounds for the annulment. If the annulment is based on factors like fraud or mental incapacity, the court may still grant an annulment without the consent of the other party. That said, if the grounds for the annulment are contested, a court may require both parties to participate in the process.
Which is Right for You: Annulment or Divorce?
Whether you choose an annulment or divorce depends on the specifics of your situation. If one of the legal grounds for annulment applies, you may pursue an annulment. However, in most cases, divorce is the standard route for legally dissolving a marriage.
Divorce vs. Annulment
While both annulment and divorce result in the end of a marriage, the processes and legal effects differ significantly. If you’re considering either option, it’s essential to understand the legal distinctions and consult with a family law professional who can help you navigate the process.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586