If you’re in a relationship that has ended, you may wonder about the legal difference between an annulment and a divorce. Having a clear understanding of these procedures can help you determine which path you should take. When a marriage is declared null and invalid, the relationship never existed in the first place. It erases property and financial divisions, prenuptial agreements, and other concerns.
Grounds for Annulment
A legal process known as an annulment makes a marriage void and unenforceable. It’s often preferred by religious people who don’t want to be considered divorced.
There are several grounds for annulment, including lack of capacity to marry (one or both parties were incapable of marriage) and incest, where spouses are related by blood or marriage to each other. Other grounds for an annulment include fraud, bigamy, or a lack of consent from one or both parties.
Some of these grounds for an annulment may take more work to prove, and the expertise of an annulment attorney NJ could be practical. For example, you might need medical certificates to confirm that your partner was physically incapable of consummating the marriage. Also, you need proof that your partner had no legal grounds to marry in the first place.
Grounds for Divorce
The grounds for their divorce must be disclosed by a couple when they decide to file for divorce. It can make or break the outcome of their case.
Grounds for divorce typically include adultery, extreme cruelty or separation. In addition, some couples seek a divorce because their marriage is incompatible.
Several states, including New Jersey, allow divorcing couples to use the grounds of “irreconcilable differences” as a basis for a no-fault divorce.
However, this ground must be used with the foundation of separation. That means that the couple must live apart for at least 18 months before filing for divorce.
There are also other types of grounds for divorce, including abandonment and fraud. However, most of these must be proved within two years of the marriage is finalized.
Legal Dissolution of Marriage
In some states, couples can permanently end their marriages by the legal dissolution of marriage. It is a faster and easier process than a divorce and can be less expensive.
Before beginning the dissolving process, you must know a few factors. First, you need to get a separation agreement signed by both spouses.
It would be preferable if you also submitted a divorce petition to the court. This petition outlines the terms of your divorce and must be completed truthfully and accurately.
Once the forms are filed, you and your spouse must have a hearing in court within 30 days. In addition to reviewing your separation agreement, the court will inquire about your assets, debts, and parenting arrangements.
Once the court decides that you are satisfied with your separation agreement, it will approve it and enter a judgment of dissolution for your divorce. The division of your assets and debts, spousal support, child custody and visitation, and any other provisions outlined in the separation agreement will all be included in this decision.
Legal Separation
Legal separation is a way for couples to live apart without getting divorced. It’s often used by those who want to retain benefits like health insurance or Social Security benefits that would terminate with a divorce.
Couples may also choose to separate if they have children or have religious beliefs preventing them from getting divorced. However, a legal separation requires time and effort and can be difficult for couples with high marital tensions.
Those who choose to separate often make decisions about custody, asset division and child support during the process. They can also use a separation agreement to document these decisions.
Spouses who choose to separate can remain married and may be able to remarry during the separation process. They are considered next of kin for one another, and spouses can still make financial or medical decisions for each other. They are also responsible for joint debts incurred during the marriage, but they are not liable for new obligations incurred by the other spouse.