When a marriage ends, it's important to take the necessary legal steps to formally terminate the relationship.
updated November 28, 2023 · 3min read
There are two ways to legally end a marriage—annulment and divorce.
An annulment is a legal procedure that cancels a marriage. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never valid.
While each individual state has its own laws regarding grounds for marriage annulment or divorce, certain requirements apply nationwide. An annulment case can be initiated by either party in a marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment:
Depending on your state of residence, a divorce can be much more complicated than an annulment.
Like annulment cases, each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has produced children, a divorce proceeding determines custody of the children, visitation rights and spousal and child support issues.
A divorce, or legal dissolution of a marriage, is the ending of a valid marriage, returning both parties to single status with the ability to remarry.
Each state can have either a no-fault divorce or a fault divorce. A no-fault divorce allows the dissolution of a legal marriage with neither spouse being named the "guilty party" or the cause for the marital break-up.
Many states now offer the no-fault divorce option, a dissolution of a legal marriage in which neither party accepts blame for the marital break-up. In the absence of a guilty party, some states require a waiting period of a legal separation before a no-fault divorce can take place. For this reason, in addition to cases where one spouse wishes to assign blame, some parties seek to expedite the legal process by pursuing a traditional "fault" divorce.
A "fault" divorce is only granted when one spouse can prove adequate grounds. Like an annulment, these grounds vary from state to state, however, there are some overarching commonalities. These guidelines often include addiction to drugs, alcohol or gambling, incurable mental illness, and conviction of a crime. The major grounds for divorce are:
Your state law and particular situation will determine whether or not your annulment or divorce will be simple or complex. Familiarizing yourself with the laws for your particular state is the best way to learn what your rights are in the case of a marital dissolution, and to help you determine if an annulment or a divorce is right for you.
by Louise Banks
I am a professional writer and researcher with published work on a variety of topics including digital marketing, bus...
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