Annulment vs. Divorce: What You Need To Know

a couple signing a divorce paper

If you’re interested in legally ending your marriage, there are two options that you’ll encounter: annulment vs. divorce. While the two may seem similar, they have a stark difference you must be aware of. At the Law Office of Jordan B. Rickards, Esq. in New Jersey, our divorce attorneys are experienced in handling both annulments and divorces. Keep reading as we explain what you need to know about the two, then contact us for legal guidance.

 

divorce paper with 2 rings

What Is a Divorce?

A divorce is the legal termination of a valid marriage. There are two types of divorces to know about: fault and no-fault divorces. In a fault divorce, problems like adultery or imprisonment may be cited as grounds for divorce. On the other hand, in a no-fault divorce, nothing needs to be cited to begin the proceedings.

a couple talking to an attorney

What Is an Annulment?

An annulment is a legal termination of a marriage by contesting its validity. This means that an annulment declares a marriage was never legally valid. There are several reasons why a couple may want to claim their marriage is null and void:

  • One or both spouses were under the legal age of consent
  • One or both spouses didn’t have the mental capacity to consent to marriage
  • One or both spouses were married against their will
  • One or both spouses entered the marriage fraudulently

signing a divorce paper

What Is the Difference?

An annulment and divorce have the same effect on marriage because they both legally end it. However, the difference comes in terms of validity. A divorce simply dissolves a valid marriage, but an annulment dissolves a marriage by claiming it was never valid in the first place. An annulment can be harder to achieve because one or both spouses must qualify for its criteria, such as the examples listed above, whereas a divorce has no criteria.

2 rings on a plate

Which One Is Right for You?

So, if you want to terminate your marriage, should you file for an annulment or divorce? Determining this depends on whether you or your spouse qualify for an annulment. At the Law Office of Jordan B. Rickards, our New Jersey divorce attorneys have years of experience handling both matters. Contact us today, and we’ll help you decide whether an annulment vs. divorce is right for you.

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