WHAT'S THE LEGAL DIFFERENCE BETWEEN ANNULMENT AND DIVORCE?
Louise Banks - Sep 2008 START
An ANNULMENT is a legal procedure which cancels a marriage
between a man and a woman. Annulling a marriage is as though it is
completely erased - legally, it declares that the marriage never
technically existed and was never valid.
A DIVORCE, or legal dissolution of a marriage, is the ending of
a valid marriage between a man and a woman returning both parties
to single status with the ability to remarry.
REASONS FOR ANNULMENT Bigamy - either party was already married
to another person at the time of the marriage
REASONS FOR ANNULMENT Forced Consent - one of the spouses was
forced or threatened into marriage and only entered into it under
duress
REASONS FOR ANNULMENT Fraud - one of the spouses agreed to the
marriage based on the lies or misrepresentation of the other
REASONS FOR ANNULMENT Marriage Prohibited By Law marriage
between parties that based on their familial relationship is
considered incestuous
REASONS FOR ANNULMENT Mental Illness - either spouse was
mentally ill or emotionally disturbed at the time of the
marriage
REASONS FOR ANNULMENT Mental Incapacity - either spouse was
under the influence of alcohol or drugs at the time of the marriage
and was unable to make informed consent
REASONS FOR ANNULMENT Inability to Consummate Marriage either
spouse was physically incapable of having sexual relations or
impotent during the marriage
REASONS FOR ANNULMENT Underage Marriage - either spouse was too
young to enter into marriage without parental consent or court
approval
HOW ABOUT DIVORCE?
REASONS FOR DIVORCE Adultery - one or both spouses engages in
extramarital relationships with others during the marriage
REASONS FOR DIVORCE Desertion - one spouse abandons the other,
physically and emotionally, for a lengthy period of time
REASONS FOR DIVORCE Physical/Emotional Abuse - one spouse
subjects the other to physical or violent attacks or emotional or
psychological abuse such as abusive language, and threats of
physical violence