The biggest difference between a divorce and a declaration of annulment is that a divorce terminates a legally valid marriage, whereas a declaration of nullity formally invalidates a marriage. The only way to obtain a civil annulment that legally dissolves your marriage is to prove one of the following reasons: fraud or misrepresentation, lack of completion, incest, bigamy, lack of consent, unhealthy spirit, or violence. This likely means you`ll need to see a lawyer, which is an expense you may not have to bear if you file for a no-fault divorce on your part. If any of these circumstances apply to you, you don`t need to get an annulment or divorce because you`ve never been legally married. However, you may still want to apply for annulment to have clear proof that your marriage was invalid. There are two ways to legally end a marriage: annulment and divorce. A declaration of annulment is a legal proceeding that annuls a marriage. The annulment of a marriage is as if it were legally extinguished, and it declares that the marriage technically never existed and was never valid. No-fault divorces, where neither party has to prove their spouse`s fault, are legal in any state, although some require the couple to live apart for a period of time before either of them can sue. “Irreconcilable differences” are often cited as the reason for a no-fault divorce on his part.
For the marriage contract to be valid under canon law, certain conditions are required. The absence of one of these conditions entails the nullity of the marriage and constitutes a legal ground for declaration of nullity. Thus, in addition to the question of defects dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, lack of will, failure of performance. Annulment requires proof of the existence of one of these deficiencies, since canon law assumes that all marriages are valid until proven otherwise. [10] DISCLAIMER: This text should not be construed as legal advice. Contact a lawyer who is familiar with matrimonial and family law and your personal situation for legal advice regarding civil nullities. The legal distinction between void and voidable marriages may be important with regard to forced marriages. In a jurisdiction that characterizes forced marriages as null and void, the State may annul the marriage even against the will of the spouses. If, on the other hand, the law provides that a forced marriage is questionable, even if it can be proved that the marriage was forced, the State cannot act to terminate the marriage in the absence of a request from one of the spouses. [6] A void marriage is a marriage that was not legally valid under the laws of the jurisdiction in which the marriage was entered into and is void from the outset. Although marriage is legally void, in some jurisdictions, a declaration of nullity is required to determine that the marriage is void, or may be requested to obtain formal documents of marriage annulment. Under the laws of most nations, children born of an invalid marriage are considered legitimate.
Depending on the jurisdiction, reasons why a marriage may be legally invalid may include consanguinity (incesture), bigamy, group marriage or child marriage. [4] [5] There are two ways to legally leave a marriage: divorce and annulment, and there are many similarities and differences between the two. Annulment: A court decision that annuls a marriage by declaring the marriage null and void and that the union was never valid. But even if the marriage is deleted, the marriage records remain in the records. Note that religious annulment is not a legal dissolution of a civil marriage. However, some marriages are legally invalid from day one (i.e. people have never been legally married). Washington law does not recognize the following types of marriages: If you are seeking a legal (non-religious) annulment, you must get a court order when you apply for annulment because: Divorce, which is much more common, is requested when the parties acknowledge that the marriage existed. A declaration of annulment is requested if one or both spouses consider that the marriage is not legally invalid. You can consult a lawyer about your case, or you can file your case yourself. Required briefs (legal documents) can be obtained at www.dcbar.org/pleadings or at the DC Superior Court Family Court Central Reception Center (500 Indiana Avenue NW, Room JM-540), which is open Monday through Friday from 8:30 a.m. to 5:00 p.m.
A divorce or legal dissolution of a marriage is the end of a valid marriage that returns both parties to single status with the possibility of remarriage. While each state has its own laws regarding marriage annulment or divorce, certain requirements apply nationally. If a marriage fails, spouses may consider options that go beyond divorce, such as legal separation or marriage annulment. People who belong to certain religions, such as the Roman Catholic Church, may find cancellation a particularly attractive alternative. If remarriage after divorce is not recognized in your faith, annulment may allow you to pursue a valid remarriage for religious and civil reasons. However, if none of these situations apply to you, it may be difficult to convince a judge to grant a civil annulment. You can still get a religious annulment, but it won`t affect your legal obligations as a spouse. A key difference between divorce and annulment is that, in the case of a declaration of invalidity, the spouses are treated as if they had never been married. For example, your legal status on forms will be “single” and not “divorced” after a cancellation. If you have children from a marriage that you have annulled, those children are still considered legally legitimate, but they cannot be considered legitimate in the eyes of your religion.