Everyone marries the person they dream of spending their lives with. However, things do not always work out the way you hoped. Not every marriage is meant to work. Once you are faced with this realization, you will understand that there are several ways to end your marriage.
Among several options to end your marriage, divorce is the most common consideration. However, a divorce cannot void your marriage; it only dissolves it. If you are looking for a way to void your marriage, annulment is an option for you to consider.
If you want to learn more about annulment, keep on reading this guide.
What Is an Annulment?
An annulment is a way to get your marriage declared legally void. When a person is divorced, it means their legal marriage ends. However, with an annulment, it is as if there was never a legal marriage in the first place.
While the purpose of annulment may be the same, more or less, you must understand the difference between legal and religious annulments. Here is all you need to know about legal and religious annulments.
Legal Annulments
A legal annulment is a judge’s declaration that a marriage is invalid. It indicates that the marriage never existed. This can happen for various reasons, such as the partners being close blood relatives, under the influence of substances, or other similar circumstances.
Religious Annulments
Couples of a particular faith may be granted annulments by their church, allowing them to remarry without facing church sanctions. Marriages can be declared void if a key element is missing, such as the commitment to having children.
Annulment vs. Divorce
Divorce and annulment may look the same; however, the reality can be different than you think. There are essential differences between annulment and divorce. Anyone can get a divorce, but the path to getting annulled is more intricate.
Annulment, whether due to religious reasons or cultural differences, ensures that the court declares that you were never married. While you may think that everyone would prefer annulment over divorce, you can qualify for it only under the right circumstances.
Step By Step Guide To Getting Annulment
If you are still here, it means that you have made up your mind to annul your marriage. You can start this intricate process by looking into your state’s laws in the relevant area. The steps to getting annulled can vary slightly from one state to another. However, the following steps can help you develop a basic understanding of the process.
1. Review Your Grounds
As mentioned earlier, getting annulled is not as easy as you may have thought. You need solid grounds to prove why your marriage was never legally valid. Your chances of being annulled grow stronger when you have a valid basis. Here are some common reasons leading to successful annulment.
Fraud
If your partner entered the marriage under false pretenses, you have the grounds to file for marriage annulment.
Coercion
Anyone who was forced into a marriage by their spouse can also file for annulment.
Incest
If you and your spouse are closely related, it may not be allowed under your state law, making it a strong ground for annulment.
Underage Marriage
Someone who was not of the age of consent and did not have parental permission to marry can also file for annulment.
Polygamy
You can also file for annulment if you, your spouse, or both were already married.
2. File Your Paperwork
Once you have figured out solid grounds for annulment, the next step is to file a petition. You must remember that in most states, you also have a time limit to keep in mind. Generally, it is recommended to file for annulment after six months of seeing solid grounds for action.
Filing for annulment comes with the requirement of specific paperwork being filed. From submitting your Complaint for Annulment to showing proof of residing in the court’s jurisdiction, make sure to file all the paperwork in time.
In addition, you must also ensure that this paperwork includes your and your partner’s contact information and whether there were any children born during the marriage. This information can play a crucial role in the smooth annulment process.
3. Send the Notice to your Partner
The next step you must take is to serve your partner with a notice. This notice must clearly tell them that you have requested for annulment. A sheriff or professional process server must serve this notice. This service is usually free of any charge.
4. Attend the Hearing
Once the notice has been served, a hearing is scheduled to annul your marriage. Make sure to bring all necessary evidence to support your arguments for the annulment. If your grounds for annulment are strong, the judge will annul your message, declare it null, and avoid it.
If you are in Carlsbad and not sure how to deal with court proceedings, you can hire an expert Carlsbad Annulment Lawyer for help. With their expert help, your chances of the court granting your request for annulment can be increased.
Why Choose Annulment?
One of the most common advantages of choosing annulment is that your relationship with your spouse is declared null and void. This means that both parties in the equation can walk free as if they were never married to begin with.
In addition, they do not have to deal with the hassle of dividing property or paying spousal support. After your marriage has been declared null and void, you will be free to marry again right away.
The Bottom Line
If you are in a marriage that you want to invalidate, an annulment is a great way to consider. While annulment can seem like a great option, it is crucial to remember that it is not an easy journey. If you do not have strong grounds, annulment can be hard to obtain.
Before you set high, it is best to get in touch with an annulment attorney to discuss the specifics of your case.
