What are the Differences Between Annulment vs. Divorce?
Annulment and divorce are two legal terms that refer to the dissolution of a marriage. While both annulment and divorce involve ending a marriage, there are some significant differences between the two.
So you’ve come to the conclusion it’s time to get a separation from your spouse. In Illinois, there are two different ways to end a marriage: annulment and divorce. While annulments and divorces achieve the same goal, there are some differences between them.
Annulment vs. Divorce
One of the main differences between annulment and divorce is the reason for the dissolution of the marriage. An annulment is a legal process that declares a marriage null and void. This means that the marriage is treated as if it never happened, and the parties are returned to the status of being single. In contrast, a divorce is the legal process of ending a valid marriage.
Another difference between annulment and divorce is the time frame in which they can be obtained. Annulment is typically only available within a certain time frame after the marriage has taken place. This time frame varies by state, but it is usually within a few months or a year of the marriage. In contrast, divorce can be obtained at any time after the marriage has taken place.
The state of Illinois recognizes four main grounds for annulling a marriage: illegality (void marriage), lack of consent, inability to consummate the marriage, or underage without parental consent. If a judge determines a marriage invalid, they may annul the marriage with a Judgment of Invalidity.
Obtaining an Annulment vs. Obtaining Divorce
There are also different grounds for obtaining an annulment and a divorce. Annulment is typically granted on the basis of fraud, duress, or lack of consent. For example, an annulment may be granted if one spouse tricked the other into getting married, or if one spouse was forced to marry against their will. In contrast, divorce can be granted for any reason, such as irreconcilable differences or infidelity.
Differences in Splitting Assets
Finally, there are different financial and property consequences of annulment and divorce. In an annulment, the parties are typically returned to the financial status they had before the marriage, and any property that was acquired during the marriage is divided according to state law. In a divorce, the parties may be required to divide their assets and debts in a way that is fair and equitable.
In summary, annulment and divorce are both legal processes for ending a marriage, but there are significant differences between the two. Annulment is a process that declares a marriage null and void, and is typically only available within a certain time frame after the marriage has taken place. In contrast, divorce is the legal process of ending a valid marriage, and can be obtained for any reason at any time after the marriage has taken place.
Why Get Legal Representation for Either?
There are several reasons why it is generally a good idea to hire a family lawyer for both annulment and divorce proceedings.
First, the legal process for both annulment and divorce can be complex and confusing, especially if you are not familiar with the legal system. A lawyer can help you navigate the process and ensure that your rights are protected.
Second, a lawyer can help you understand your options and the potential consequences of your decisions. They can explain the different grounds for annulment and divorce, and help you determine which option is best for your situation.
Third, a lawyer can represent you in court and negotiate on your behalf. If you are involved in a contested annulment or divorce, having a skilled and seasoned attorney can be especially important as they can advocate for your interests and ensure that you are treated fairly.
Fourth, a lawyer can help you protect your financial interests. Both annulment and divorce can have significant financial consequences, and a lawyer can help you understand your rights and responsibilities, and ensure that any settlement is fair and equitable.
Get in Touch Today
Overall, hiring a family law attorney can be a wise investment when it comes to annulment and divorce proceedings. A lawyer can provide valuable guidance and representation, and help you achieve the best possible outcome for your situation.
At Masters Law Group, we understand that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients’ assurance and well being in mind.
Whether you are facing a contested divorce, uncontested divorce, civil union divorce, or seeking an annulment, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.