“Happily ever after” does not happen for every marriage.
Whatever the reason for ending your marriage, it is important to follow the appropriate legal avenues to do so. The question is whether you should file for a divorce or an annulment.
Both are legally binding routes to ending a marriage, but it can be confusing to decide which option is best for your specific situation. From a legal standpoint, the evidentiary support required to annul versus divorce your spouse is one of the main differences between the two. How do you know which is the best way to terminate your marriage?
Divorce vs. Annulment: What is The Difference
Both a divorce and an annulment share a common thread–they end a marriage. But they are treated differently legally.
Divorce
Filing for divorce legally dissolves, terminates, and ends a legally valid marriage, declaring both spouses are single again. With a divorce, both spouses are recognized as having been in a legal marriage.
Annulment
In contrast, filing for an annulment would not only terminate the marriage, but it also erases the marriage, making it null and void. Annulments are typically filed when the marriage wasn’t legitimate to begin with.
While both a divorce and an annulment are legal means to end a marriage, as you can see, they are different. For example, Florida is a no-fault state for divorces. This means that neither spouse has to prove that anyone was at fault. All that a party needs to show is that the marriage is irretrievably broken. If your spouse doesn’t contest the divorce, in some cases, it may be granted with minimal arguing or time spent in court.
However, getting your marriage annulled requires a bit more evidentiary support to prove that the marriage was legally invalid and should never have even taken place. A few reasons may include a spouse having done one of the following:
- Misrepresenting their age or an existing marriage
- Concealing a vital piece of information about themselves, like a felony or conviction
- Lacking the mental capacity to consent to the marriage
Filing for Divorce vs. Annulment
While both a divorce and an annulment terminate a marriage, both are treated differently and require various supporting documentation. Evaluating whether you should file for a divorce vs annulment can be emotionally painful and difficult, which is why hiring a divorce attorney may be in your best interest.
We understand you may be nervous, especially if it is your first divorce lawyer consultation, but remember that we are on your side and here to help, advise and answer any questions you may have regarding your situation. If you are looking for a divorce or annulment attorney in Florida or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation.
