When a married couple decides to dissolve the marriage, they choose and pursue a legal avenue to end their union. An annulment is similar to a divorce in that it dissolves a marriage. In general, there are two types of annulment, and annulment grounds vary among the states in the U.S.
Annulment in General
An annulment is a legal procedure that declares a marital union null and void. Unlike a divorce, an annulment acts as if the marriage never existed; the marriage is completely erased (some states consider the marriage void from the annulment date). For some individuals, divorce can have a negative connotation and some would prefer an annulment to a divorce. In addition, some prefer annulments due to its religious consequences; in some religions and churches, divorced individuals may have a difficult time remarrying in the church. In general, there are two types of annulment: civil annulment (by the state government) and religious annulment (by a church).
Civil v. Religious Annulments
Civil annulment procedures and statutes vary from state to state. In general, the grounds for civil annulment are similar among the states. Most jurisdictions require an approved ground for an annulment; these grounds include: (1) misrepresentation or fraud, (2) concealment, (3) refusal or inability to consummate the marriage, and (4) misunderstanding. Misrepresentation or fraud exists if, for example, one spouse lied about her ability to conceive children, her age, or that she was single at the time of the marriage. Concealment exists if, for example, one spouse concealed a substance addiction, felony conviction, sexually transmitted infection, or impotency. Refusal or inability to consummate the marriage exists when one spouse refuses or is unable to engage in sexual intercourse. An example of misunderstanding is if one spouse wanted children and the other did not.
Most civil annulments are granted for marriages that lasted for only a short period of time (weeks or months). In those cases, there are probably not any assets or debts to divide or child to consider. When the marriage has last for a long period of time, most states include in their statutes a provision for dividing property and dealing with child custody, visitation, etc.
Couples can obtain a religious annulment after obtaining a civil divorce. This enables both former spouses to remarry, either within the church or elsewhere. The grounds for religious annulments are different than those for civil annulments.
Importance of Speaking with an Attorney
If you would like more information concerning annulment or divorce in your state, contact a qualified attorney in your area. A skilled divorce attorney can help navigate your state’s statutes and procedures concerning annulments and divorce.
