Annulment vs. Divorce- Which is Right for You?

If you are considering ending a marriage, you should talk with a Tustin divorce attorney in order to determine whether the marriage should end through annulment or the marriage should end through divorce. Although both annulment and divorce will leave you no longer married, the processes are different and you may have a preference for one approach over the other. Annulment is not available in all situations, though, so you will need to speak with an attorney to see if it is an option for you. 

Brown & Charbonneau, LLP can provide you with help in determining if annulment is an option in your situation. We can also provide assistance in making sure you can move forward with ending your marriage in an appropriate and timely manner. Give us a call at (866)237-8129 or contact us online to find out more about the ways in which we can provide assistance with ending your marriage.

Annulment vs. Divorce

Annulment and divorce both result in a marriage being over. However, the processes are not the same and the outcome is not exactly the same. When a couple gets a marriage annulment, the marriage is treated as if it had never happened in the first place. The spouses who have had their marriage annulled are viewed as never having been married at all. The California Courts explain annulment as “nullity of marriage” or “nullity of domestic partnership.” It is declared that the marriage was never legal when an annulment is granted, so it is as if there was no marriage at all.

There are both civil annulments and religious annulments, but only a civil annulment undoes the marriage in the eyes of the law. Religious annulments are sought by some people who want to be viewed as never having been married under the tenants of their religious faith. They are often sought because people want to be married in a religious institution which might not allow a divorced couple to marry. However, just because someone gets a religious annulment does not mean he will get a civil annulment, and just because someone gets a civil annulment does not mean he will get a religious one.

Divorce is different than annulment in several ways. Divorce does not undo the validity of the marriage but instead it dissolves the marriage. The spouses who have divorced are still recognized as having been married and their marital status is classified as divorced under the law. The dissolution is a legal process which involves the couple formally separating in the eyes of the law so they will no longer be considered a martial unit.

Is Divorce or Annulment Right for You?

Some people prefer an annulment to a divorce because they may see a stigma attached to being divorced and not want to be classified as a divorcee. However, just because you would prefer an annulment to a divorce does not mean that you are going to be able to get one. A Tustin divorce attorney can provide help in determining if an annulment is possible under the circumstances associated with ending a marriage.

There are two situations under which a marriage is never considered legally valid and an annulment is automatic. One situation is when the marriage is an incestuous one because the people who have gotten married are close blood relatives. An example would be if a sister and a brother got married to each other. The other situation is when one or both spouses committed bigamy. If either the husband or wife was already married or in a registered domestic partnership with someone else, the second and subsequent marriage or domestic partnership is not ever considered legally valid.

In addition to these circumstances, there are situations where a marriage can be annulled but does not have to be. One example is if the spouse who files for annulment was under 18-years-old at the time of the marriage or domestic partnership. Annulment may also be possible if either spouse was not of sound mind when the marriage happened; if either party consented to the marriage only because of force; or if there was fraud involved in connection with the marriage, such as when one spouse hides an inability to have children. Physical incapacity is also a reason for annulment, and occurs when either party cannot consummate the marriage and the problem preventing consummation of the marriage is incurable.

Getting Help from a Tustin Divorce Attorney

A Tustin divorce attorney can provide assistance in determining if annulment is an option, or is the right choice. Give us a call at (866)237-8129 or contact us online to speak with a member of our legal team and find out more.