Divorce or Annulment: Which Option Is Best For You?

Do you feel stuck at a crossroads between annulment and divorce?

This situation is more common than you may believe. Additionally, it is full of complex feelings and an even more intricate legal process.

The steps you take next can dramatically affect your future — legally, emotionally, and financially. Regardless of where you are in the process, this guide will help you navigate this challenging process. Find the confidence you need and ask us for a referral to a local attorney today.

Divorce Process

Most states allow you to obtain a no-fault divorce. This legal process only requires that you assert your marriage is irretrievably broken. Alternatively, you can claim that you and your spouse have irreconcilable differences.

Other states still base divorces on fault. In this circumstance, your divorce petition alleges that your spouse did something that justifies ending the marriage. Common grounds that petitioners cite include the following:

• Adultery
• Abandonment
• Criminal convictions or incarceration
• Inflicting physical or emotional pain
• Serious drug or alcohol abuse
• Gambling addiction

Your spouse can challenge your divorce petition by defending against the alleged faults. Also, they can file a separate petition with the court system. In either event, the judge grants the divorce to whichever spouse has the most liability.

Civil Annulment Process

Each state, like divorce, has its annulment laws. They are usually quite strict and specific about what you must prove. Common grounds for a civil annulment include the following:

• You or your spouse were underage.
• One of you was forced by the other into the marriage or lacked the mental capacity to consent.
• Your spouse committed bigamy.
• There was a fraudulent inducement into the marriage.
• You did not know important facts, such as your spouse did not want children.
• You are closely related to each other.

Religious Annulment Process

Annulments come in two types: civil and religious. For Catholics, a civil annulment doesn’t fulfill the requirements of the Church; you’ll also need a religious annulment through your diocesan tribunal. This step is crucial if you wish to fully participate in Church life or remarry within the Church.

Consult your parish priest to understand the tribunal annulment process. They’ll guide you on what’s needed to prove the marriage was invalid from the beginning, typically requiring witnesses to support your case.

Remember, a religious annulment doesn’t legally dissolve your marriage in the eyes of the state—you’ll still need a civil annulment for that.

Why You Need a Lawyer for a Divorce or Civil Annulment

Your first step to obtaining a divorce or civil annulment is to contact a local family attorney. Theoretically, you can file a petition yourself without representation. But this action can be a bad idea. Maintaining compliance can be nearly impossible unless you are an expert in state legislation.

For instance, some states require that you meet the residency requirement before you can take action. Alternatively, you may have to live apart for a specific period before filing with the court system.

Other jurisdictions are community property states where you must divide your marital assets equally. Consequently, if you and your spouse have accumulated wealth, you need the sound advice of an experienced attorney. They’ll help you adhere to state law and get the best possible settlement agreement.

Work With an Experienced Local Lawyer

The path forward is not easy whether you pursue an annulment or a divorce. It’s fraught with complexities and decisions that have far-reaching implications. However, the more knowledge you possess about each process, the more empowered you are to make the right decision. Don’t navigate this journey alone.

A qualified legal professional can provide the guidance, clarity, and peace of mind you need. Ask us for a referral to a local attorney today online or call (866) 345-6784.

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.