- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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What are the differences between a Divorce and an Annulment?
This article will cover the essential differences between a divorce and an annulment, as well as the advantages and disadvantages of each.
Annulment
An annulment is a court order that judicially determines the marriage was not legally validly entered into in the first place and is voided.
Divorce is also different from legal separation. In a legal separation, the property and support rights of the husband and wife are decided, but they remain legally married.
If you want to remarry, you must get a divorce. A legal separation alone will not allow you to remarry.
Divorce
Divorce, sometimes called dissolution, is the legal process by which a valid marriage is ended.
The judge apportions the separate property from the parties’ community property, orders spousal support if appropriate, makes child custody orders, and orders child support to be paid by one or both parents.
The following are the advantages and disadvantages of obtaining an annulment.
Advantages of an Annulment
- Alimony and attorney fees can be awarded to a party that had a good faith belief that their marriage was legally valid (also known as a putative spouse) but, in fact, was not. If a party lacks this good faith belief, the court may not award spousal support, attorney fees, or both.
- Suppose the annulment was granted based on fraud. In that case, there may be grounds to disregard the prior marital property transactions made during the voidable marriage.
- Unlike divorce, which may require proof of residency for a specific period of months, a party seeking divorce has no such time requirement.
Disadvantages of an Annulment
- Both parties to an annulment must be physically present in court at all stages in the proceeding.
- Establishing legal grounds to annul the marriage is more complex than petitioning for divorce, especially if the parties are in a no-fault divorce state.
- Issues of the respective spouse’s motives are highly relevant in annulment petitions. Unlike the dissolution of a marriage in which fault is not a factor to be considered by the court, in cases of annulment, one party’s bad faith motive, especially if the behavior was deceitful, can considerably impact how property is split, whether support is issued, and how attorney fees are paid.
- In annulment cases, there is no assumption of community property. However, suppose both parties to the invalid marriage in good faith believed that the marriage was legitimate. In that case, the court may classify the property as quasi-community property.
Divorce Lawyers
If you have specific questions or require additional information about your legal rights and obligations, consult a verified Divorce Lawyer as soon as possible.
