Legal Difference Between Divorce and Annulment

There are two main ways of legally ending a marriage — divorce and annulment. A divorce, or a legal dissolution of marriage, entails ending of a couple’s valid marriage, returning the either parties to the status of being single with both parties being able to remarry.

An annulment is a procedure of legally cancelling a marriage. Annulling marriage is like completely erasing a marriage, legally, and it basically declares that the particular marriage never legally and technically existed and wasn’t ever valid. While different states might have its own set of laws regarding the grounds for annulment or divorce, there are certain requirements that apply nationwide.

A case of annulment could be initiated by the either spouses with the assistance of an attorney specializing in family law Milwaukee. The party that initiates the annulment case needs to prove that he/she has legal grounds to seek annulment and if it could be proven thereby, the marriage shall be considered void and null by the court of law. Here’s a list of some common grounds for case of annulment :

· Bigamy. When one party was married already to some other person at the time of getting married to the current partner.

· Forced consent.When one of the either spouses was threatened or forced into marriage and he/she entered into the marriage only under duress

· Marriage being prohibited by law. When the marriage between two parties have taken place that’s based on familial relationship considered incestuous

· Fraud. When either party agreed to getting married based on misrepresentation or lies of the other party

· Mental illness. When either spouse was emotionally disturbed or mentally ill at the time of getting married

· Mental incapacity. When either party was ender the influence of drugs or alcohol at the time of getting married and wasn’t able to make an informed consent

· Underage marriage. When either party was too young legally to enter marriage without court approval or parental consent

· Inability to consummate their marriage. When either party wasn’t physically capable of having sexual/intimate relations or was impotent during the time of getting married.

Depending on the state that you reside in currently, a divorce could be a lot more complicated compared to an annulment, suggests a divorce attorney Milwaukee. Similar to annulment cases, different states have its own laws regarding divorce.

Here are the key grounds for divorce, suggested by the divorce lawyer Milwaukee, that applies in all the states:

· Adultery. When either spouse has engaged in extra-marital relations with other person or people during the marriage

· Physical/emotional abuse. When either party has subjected the other party to violent or physical attacks or psychological or emotional abuse including threats of physical violence and abusive language.

· Desertion.When either spouse abandon his/her spouse, emotionally and physically, for a long period of time.

Your particular situation and your state law would determine whether your case of divorce or annulment would eb complex or simple. So, familiarizing yourselves with the laws relevant in your state is the best possible way of learning your rights.