How do divorce and annulment differ?
What Is Divorce?
Divorce is the legal termination of a valid marriage. When a couple divorces, the court officially ends the marriage and addresses issues such as asset division, alimony, child custody, and support. A divorce acknowledges that a legitimate marriage existed but is now being dissolved due to irreconcilable differences, misconduct, or other legal grounds.
In Florida, divorce is considered “no-fault,” meaning that neither spouse needs to prove wrongdoing to file. Simply stating that the marriage is “irretrievably broken” is sufficient.
What Is an Annulment?
An annulment, unlike a divorce, declares that a marriage was never legally valid in the first place. Rather than dissolving a legitimate union, an annulment treats the marriage as if it never existed. Because of this, annulments are granted only under specific circumstances that suggest the marriage was void or voidable from the beginning.
Common reasons for annulment include:
- Fraud or misrepresentation: If one spouse lied about something fundamental to the marriage, such as their identity, ability to have children, or legal marital status.
- Lack of consent: If one or both spouses were underage, forced into the marriage, or mentally incapacitated at the time of the wedding.
- Bigamy: If one spouse was already legally married to someone else.
- Impotence: If one spouse was physically incapable of consummating the marriage and the other was unaware before marriage.
- Incest: If the spouses are too closely related by blood.
Unlike divorce, which is always available for a legally recognized marriage, annulments are only granted when one of these legal grounds is met. If a couple simply regrets getting married or realizes they are incompatible, annulment is not an option.
Key Differences Between Divorce and Annulment
- Legal recognition: Divorce ends a valid marriage, while an annulment declares that the marriage was never valid.
- Grounds: Divorce does not require a specific legal reason beyond irreconcilable differences, whereas annulment requires proof of specific circumstances.
- Impact on property and support: In divorce, assets are divided according to state laws, and spousal support may be awarded. Annulments generally restore both parties to their pre-marriage status, with fewer legal obligations for property division or spousal support.
- Religious considerations: Some religious institutions require an annulment before allowing remarriage within the faith. However, a religious annulment is separate from a legal annulment.
Which Option Is Right for You?
If you are considering ending your marriage, understanding the distinction between divorce and annulment is crucial. While annulments are only granted in specific cases, divorce is a more widely available option for those seeking to move forward with their lives.
Navigating the legal process of ending a marriage can be complex. The best course of action depends on your unique circumstances. If you are unsure which option applies to your situation, speaking with an attorney can provide clarity and help you make the best decision for your future.
To learn more about how divorce and annulment differ or to speak to an attorney about your situation, contact the Geller Law Firm.
