If you are seeking an end to your marriage, you may wonder whether you should have an annulment or a divorce. Both processes end a marriage, but they differ significantly in their legal implications, grounds, and consequences.
This article helps clarify these differences, helping you make informed decisions about ending your marriage.
Legal Definitions
Annulment
An annulment legally declares that a marriage never existed. In this process, the court acknowledges that the marriage was invalid from the start.
Generally, annulment provides a clean slate for both spouses. It does not concern itself with various settlements that often accompany divorce.
Divorce
A divorce ends a valid marriage, recognizing the union but legally dissolving it. This process involves settling assets and responsibilities such as support. Divorce records remain part of a person's legal history.
Grounds for Annulment
New York law outlines several criteria for obtaining an annulment. Remember, an annulment means that the marriage was never valid in the first place. This standard indicates that the marriage was based on something illegal or fraudulent.
In New York, individuals can seek annulment on grounds such as:
- Incest
The spouses are closely related. - Fraud
One party deceives the other regarding essential aspects of the marriage, such as identity or intention. - Bigamy
At least one spouse is already legally married at the time of the ceremony. - Coercion
One party forces the other into the marriage against their will. - Incapacity
At least one spouse lacks the mental capacity to consent to marriage at the time of the ceremony. - Underage Marriage
At least one spouse marries while underage without proper consent.
Grounds for Divorce
In New York, individuals can file for divorce based on several grounds. The state allows both no-fault and fault-based divorce options.
A no-fault divorce occurs when the couple agrees their marriage is irretrievably broken. One spouse must state that the relationship has deteriorated for six months or more. This easier path encourages amicable separations.
Fault-based divorce involves claims of wrongdoing by one spouse.
Common grounds for fault-based divorce in New York include:
- Adultery
This claim requires proof that one spouse engaged in sexual relations with another person. - Abandonment
This act involves one spouse leaving the other for more than a year without cause. - Cruel and Inhuman Treatment
This behavior includes physical abuse and emotional harm that endangers a spouse's well-being.
The Legal Processes Involved
Annulment
Filing for annulment involves a series of clear steps. First, you must complete a petition for annulment, list the grounds for the request, and file this document with the court. Then, you must serve the other spouse with legal notice of the annulment. They will have the chance to agree with the annulment or challenge it.
Following these steps, the court will schedule a hearing to evaluate the evidence. If the judge finds the grounds valid, they can grant the annulment, restoring each spouse’s single status.
Divorce
The divorce process differs slightly, but its initial steps are similar. You must submit a divorce petition outlining the reasons for dissolution. Also, you must file additional paperwork detailing assets and responsibilities.
Serving the spouse with the divorce papers is a critical part of the process. Just like with an annulment, your spouse can challenge the paperwork, contesting the divorce. After you serve your spouse, the court will set a date for hearings.
Resolving the divorce may involve mediation, negotiation, or a court judgment to handle asset division, spousal support, child support, and child custody.
The Effects of Annulment vs. Divorce
Annulment
The legal implications of annulment differ fundamentally from those of divorce. When a court grants an annulment, the law treats the marriage as if it never occurred. This status means that neither party has legal rights to the other's property or benefits derived from the marriage. An annulled marriage allows individuals to move forward without lingering obligations from a now-nonexistent union.
Even in an annulment, spouses may have joint property or children. In such cases, the court treats the two parties as individuals, not as a formerly married couple. It can divide property the same way it would when a business dissolves. One spouse could buy out the other; the spouses could sign an agreement for ownership; and so on.
As for children, the court will treat the former spouses the same as it would any other unmarried couple that shares a child. It can create a parenting plan, visitation schedules, and so forth.
Divorce
Because a divorce recognizes the marriage's existence, it entails settling all marital issues. Parties must divide their shared assets, determine spousal support, and resolve custody arrangements if children are involved.
Getting Help from an Attorney
Regardless of whether you need a divorce or an annulment, legal counsel will be invaluable. A good attorney can help you negotiate fair deals for all parties involved. They can also help protect you in cases of fraud and abuse.
If you need to end your marriage, either through annulment or divorce, Jason M. Barbara & Associates, P.C. is here to help. You can schedule a free consultation with us by contacting us online or calling our office at (516) 406-8381.