Comparing Divorce and Annulment - By: Justin Davis

The terms divorce and annulment can be veryconfusing and sometimes do not know the difference between them for most people. Let's talk about the differences between the two.

Initially, we tackle the things that the two have in common, which is a lawful end to a marriage. This would include the decisions needed regarding custody of the children (if any), child support, property & debt division, and alimony, which is maintenance or support for the spouse. Usually a fault is blamed on one of the parties, which is the ground for the end of the marriage. The divorce will result in the dissolving of the marriage while an annulment is a legal way of determining that the marriage was never applicable in the first place.

Annullment decides that the union was not legal and is for that reason null and void. The process eradicates the marriage legally as though it never happened at all. The curious thing is if there were children conceived during the marriage, they are still regarded as legitimate, born into a lawful marriage and a legal offspring of both parties. There is no alimony given to annulment cases.

Annulments are not awarded in cases where you had a change of heart, are being abused by your husband, are not happy with the union, feel that you made a mistake, etc. A legal ground for making the marriage invalid should be present. Annulments can also be contested the same as divorce. Majority of the states have the same process for both proceedings, same papers, same hearings. Annulments only happen when both parties agree on it. Whereas in divorce, an agreement of both parties isn't needed. Annulments are really rare occurrences in America.

Not all states have the same requirements for annulment cases but they usually include the following: one of the spouses is not able or even not willing to do the consummation of the marriage; one of the spouses kept something hidden from the other, such as having previous children, contracting a disease before the marriage, being unable to conceive, etc; one of the spouses was below the marrying age at that time; one of the spouses didnt mention being married already to another person; one of the spouses had a mental disorder during the marriage proceeding; one of the spouses was masquerading (fraud); the parties have a blood relation.

Religious annulment is not the same from legal annulment in that a religious institution grants it instead of the court.

It is extremely difficult to go through a divorce and this phase is often overloaded with emotions. It involves immense emotional turmoil; hence more often than not people make mistakes during this period. These mistakes then affect them for a lifetime as divorce involves a legal process. However, if you think more rationally about the whole process you can avoid making mistakes during this troubled phase of your life.
First and foremost understand the legal aspects of the divorce process. It is advisable to prepare your self well psychologically and emotionally. It will make the whole process more endurable and less traumatic. It is worthwhile to seek the advice of a skilled legal attorney. A qualified lawyer will help you understand the legal procedure.
As divorce involves lot of emotional trauma, you might end up confusing the emotional situation with the legal one. Avoid any confusion between your emotional divorce and legal divorce. The legal aspect of the divorce deals with finances, dividing assets and debts fairly and also, care for children. Emotional aspects of the divorce need to be worked out separately.
While going through this difficult phase, it is almost natural to discuss your condition with other divorced individuals. Thus, you might end up comparing your situation with theirs. You must understand that your family situation is entirely different from the other person. So, do not make any comparisons to avoid unwanted stress for your own self. Avoid wasting your precious time and energy in making comparisons. Divorce can have negative implications on your childrens' psychology. Your separation affects them the most emotionally. If the conflicts with your spouse are severe then it can affect your childrens' self esteem along with their mental well being. Thus, try to handle the situation calmly to reduce the negative impact of your separation on your children.

About the Author

If you are in need of a Claremore attorney, try the Antinoro Law Firm. We can provide you with a Claremore lawyer who specializes in divorce proceedings.

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