Both a divorce and an annulment end the marriage, which is their common result. They approach marriage in quite different ways, though. Even after a divorce, a person is still considered to have been formerly married. On the other hand, an annulment treats the relationship as if it never occurred; in fact, the main characteristic of an annulment is that the union was never valid or legal to start with. This article discusses the differences between annulment and divorce along with religious annulments performed without a court order.
Important distinctions between divorce and annulment
Divorce and annulment vary in that they end a marriage, which leads to variances in the legal grounds and repercussions of each. A divorce, on the other hand, claims that there was never a legitimate marriage, to begin with. There are two options for divorcing or annulling your marriage if you decide to end it. And o course, you can better suderstand the process and distinctions with the help of Irving divorce lawyers.
An annulment may be a better alternative for one or both spouses in some situations, despite the fact that most couples opt for divorce. Legally binding annulments are uncommon, and they have very different repercussions than divorces. By examining the legal arguments for an annulment, let’s go more into this topic.
Reasons For Annulment Under The Law
Every state has a different set of legal grounds for annulment. A few of the more typical grounds are:
- Bigamy: in which one spouse was already married to another person when they got married.
- Incest: After being married, the couple learns that they are related to one another closely.
- Constraint: a “shotgun wedding” is one such scenario.
- Minority: At least one of the spouses was too young to get married.
- One spouse cheated on the other. An illustration of this would be when one spouse is found to have deceived and instead wants to utilize the marriage to make some form of sinister benefit.
Contrasting Annulment With Divorce
No-fault divorce is permitted in all US states, allowing either spouse to declare their intention to remarry simply by stating that they have ideological differences without going into further detail. A few states permit covenant marriages as an alternative to no-fault divorce. Before a divorce can be granted, the spouse requesting it must provide evidence of specific grounds, such as adultery.
Charge Of Proof
When the obligation of establishing the basis for legal action is placed on one party by the law, it is said that one party carries the burden of evidence. In a legal connection, such as a marriage, the burden of proof usually rests with the party requesting the change. The spouse who is obtaining an annulment is required to provide evidence that one of the aforementioned grounds exists. An annulment will not be issued if there is insufficient proof that there are sufficient grounds.
In summary, annulment and divorce have similar effects on each party. However, the fundamental difference between the two is the regard for marriage as a civil contract or a religious sacrament. Lawmakers have recognized this difference since the fourteenth century when voidable and void marriages first appeared in middle-period treatises.