The word annulment is often thrown around as a better word for divorce. Maybe this is because when someone gets their marriage annulled it essentially treats the marriage as if it never happened. But under which circumstances can a marriage be annulled? Here are 5 new situations in which an annulment may be possible.
1. Fraud is one of the most common reasons an annulment is granted. For instance, if a couple got married and several years later one of the partners found out the other partner had another family. Since the lying partner misrepresented himself and concealed relevant information and annulment may be granted.
2. Another reason a cancellation may occur is if one of the partners in the marriage hid a significant factor even a felony conviction. Also if your spouse did not explicitly say “I have committed a felony” it still may be considered concealment as long as he never mentioned his criminal past.
3. Impotence or Incest is another reason the courts may grant an annulment. This happens when one of the spouses may not be able to have sexual relations. This is called the inability to consummate the marriage. This can also occur when one of the spouses is not physically able to have children for one reason or another and knew and did not inform their partner before getting married. Annulment for incense occurs when the couple finds out they are too closely related by law to marry and their relationship is considered incestuous.
4. Misunderstanding can have various meanings. One example of an annulment for misunderstanding is when one of the partners does not want to have children, and the other does.
5. Lack of Consent annulments is granted when it is clear that one party did not give consent to the marriage. This can be because they were forced into the marriage. Or maybe because they lacked the mental capacity to consent to the union.
If you qualify for one of the above reasons to receive an annulment you must then separate from your spouse immediately. If you do not separate you may waive the right to be annulled. You then must hire an attorney who will help navigate the annulment process. This can be a complicated journey that an attorney can make more accessible. An attorney will also instruct you on what evidence is needed and which paperwork must be filled out. This will make the whole annulment process faster and less painful.
Divorce differs from an annulment because it essentially legally dissolves the marriage. A divorce can be much more complicated than an annulment because in divorce all assets must be divided. This means all debts, children, and physical assets must be split between the two parties. Divorces can be either no-fault divorces in which neither party assumes responsibility for the separation or a fault divorce when one party is primarily responsible for reasons such as adultery, abuse, or desertion.
Your state laws and the situation surrounding your separation will heavily play into whether or not an annulment or a divorce is the best course of action. Whatever you decide it is essential to familiarize yourself with the laws of your state. It is also critical to make sure you know your rights, so you are not taken advantage of by your partner or anyone else.
If you are considering filing either an annulment or for divorce make sure to get the proper legal help that will help navigate the process. Divorce and annulments can be painful and a very long process. But with the right people on your side, it can be done the right way.
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