Law

Should I Get an Annulment or a Divorce?

While an annulment may be suitable in a few rare circumstances, most couples must petition the court for a standard divorce. You can petition for a no-fault divorce or, in some states, an uncontested divorce if you and your spouse have just recently gotten married, have no children, and have no assets or obligations to divide. Consult a divorce attorney Madison if you are thinking about divorcing or annulment for further information.

  • No-fault or uncontested divorce

Either partner can pursue a no-fault divorce by petitioning the district court. The court will allow your request if you satisfy the state’s domicile and no-fault divorce standards. Every jurisdiction has a no-fault divorce law, which means neither spouse may accuse the other of being the cause of the marriage’s dissolution.

In general, if you can show that you and your spouse are separated, you have irreconcilable issues, or you are mismatched, you will succeed in your request for a divorce, although no-fault divorce standards may change based on where you live. Before rendering a final decision, the court will decide how to handle any outstanding concerns regarding parental rights, visitation, support payments, alimony, or division of assets.

The court will probably grant your request if you and your partner agree regarding all divorce-related matters. These include the property distribution and debt, and you are willing to put the specifics of your understanding in a signed divorce settlement agreement—that you then present to the judge. An uncontested divorce usually takes less time and costs less money than a regular divorce since you and your partner resolve any concerns before you meet with the judge.

  • Annulment

Similar to divorce, annulment entails making decisions on child custody, division of assets, and support payments; however, the court ultimately recognizes an annulled marriage as if it never existed. One partner must show that the marriage was invalid (illegal) from the start to get it annulled. The following are the most typical reasons for annulment. However, they may differ from state to state:

  • Bigamy, 
  • the marriage was gained through fraud, 
  • one or both parties were of “unsound mind” or mentally unable and hence unable to agree at the time of the marriage, 
  • or the marriage seems to be between blood relatives.

If you can convince a judge that there are good reasons for an annulment and the judge agrees, the court will regard your marriage as having never occurred. Overall, an annulment does not offer any benefits unless you are worried about the stigma associated with divorce. Some couples choose not to divorce for religious reasons, but you must still fulfill your state’s procedures to have your marriage legally annulled.

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