Divorces and annulments are two different legal processes that ultimately result in the dissolution of a marriage. With a divorce, the marriage is still recognized as legitimate and valid. With an annulment, it is established that the marriage was not legal nor legitimate, and therefore not valid. An annulment has the effect of showing that a marriage never existed, while a divorce occurs when the marriage was legally valid, but one or both parties want to terminate the marriage.
In most cases, divorce will be a couple’s sole option when they choose to leave or end a marriage, because most marriages are legally valid. However, there are certain circumstances where an annulment may be possible. If you feel that your marriage was not legally valid, consider reaching out to the Elliot Green Law Offices, Brooklyn, New York, family lawyers who may be able to assist you with navigating the divorce or annulment process.
When Can An Annulment Be Sought?
There are specific circumstances where an annulment can be sought. What are these circumstances? Here are a few scenarios where an annulment may be possible:
- Drugs and Alcohol. The marriage took place when one party was under the influence of drugs or alcohol.
- The marriage took place when one party was legally married to another person when the marriage took place. This can occur if a divorce decree wasn’t properly filed or if there was a clerical error with a divorce proceeding.
- If one or both of the parties in the marriage were underage when they were married, the marriage might be annulled.
- Mental Illness or Disability. If one or both of the parties in the marriage suffered from a mental disability that made it impossible for them to make a decision to get married, the marriage could be annulled. For example, if a person was in a state of psychosis when he or she agreed to get married, and is diagnosed with a psychiatric condition, the marriage could potentially be annulled.
- The parties discover that they are related.
- One or both of the parties lied about the past. For example, he or she concealed that he or she had children, concealed that he or she was not willing to have children, or one or both of the parties misrepresented past legal issues or criminal convictions. If one or both parties lies about having a sexually transmitted disease, the marriage could also be considered invalid.
It can be challenging to prove some of these factors when seeking an annulment, but if any of these factors describe your situation and you are considering getting divorced, consider reaching out to the Elliot Green Law Offices, Brooklyn, New York family law attorneys. In some cases, annulment might be your better option, if it is an option, because it reverts both parties to their financial state before the marriage. This means that neither party may have a claim to any “marital property.” This can sometimes be beneficial and sometimes not. The Elliot Green Law Offices are Brooklyn, New York family law attorneys who may be able to assist you with your annulment or divorce.
Did Your Partner Misrepresent Himself or Herself to You Before You Were Married?
Did your partner lie about not having children? Did you partner lie or conceal things from his or her past before you were married—like concealing an illness, or concealing legal trouble? If this describes your situation, you may be able to seek an annulment rather than a divorce. Sometimes individuals are tricked by people who seem to be one thing, but prove to be another. If you are learning things about your partner now that you didn’t know on the day you were married—hidden debts, lawsuits, children—you may have the right to seek an annulment in Brooklyn, New York. The Elliot Green Law Offices are Brooklyn, New York family lawyers who may be able to assist you if you need to dissolve your marriage.
Major Differences Between Divorce and Annulment
The big difference between divorce and annulment is that with an annulment, the courts determine that the marriage never existed in the first place. Because the marriage never existed, you may be able to get an annulment faster than you would be able to get a divorce. With an annulment, because the marriage never existed, there may be no division of marital property, because there is no marital property. There might also be no alimony paid with an annulment. However, because the requirements for an annulment are so strict, there are only limited scenarios where they are permitted. Thinking of dissolving your marriage and want to find the best course forward? Reach out to the Elliot Green Law Offices, family lawyers in Brooklyn, New York today. Our lawyers can review your case and help you find the best path forward. USAttorneys.com can connect you with the Elliot Green Law Offices today.
