Annulment or Divorce – What Should You File for?

Before you make a choice between Annulment and Divorce, it is important to know the differences between the two; otherwise, it will be like leaping in the dark and you may end up paying a price for it.

Most couples are under misconception that those with short-term marriage can apply for annulment instead of divorce. Annulment implies erase of marriage whereas divorce means end to marriage. Though annulment is fine in certain situations, most couples should ask the court for a divorce. If you are married for a short length of time, have no children, and don’t possess any marital asset or debt, you should file for a no-fault divorce. Some states will even allow you to file for an uncontested divorce.

No-Fault and Uncontested Divorce

No-fault divorce is a very streamlined process that requires either spouse to file a request with the local court. The court will grant the request, provided you meet the residential requirement of the state. No-fault divorce policy is valid in every state and it saves the couples from getting entangled into complexities by blaming the others for the break-up in relationship and proving other’s faults.

The requirements for no-fault divorce depend on your residential state. However, if you can successfully demonstrate that differences in your marital life are irreconcilable or you have already been separated from your spouse, you can request the court for a divorce. If some crucial divorce-related issues such as, child custody and support, visitation, alimony, property division etc are bone of contention between you and your spouse, the court will take a final decision about how to deal with the disputes before giving a verdict.

Uncontested divorce is the best solution for the couples who have no divorce-related disputes between them. If the couples agree to all crucial points, they should ask the court for uncontested divorce. The next step is if you and your spouse are ready to produce a duly signed written document that will have clear mention of all the details regarding your agreement. It is also called a divorce settlement agreement. You must submit the document to the judge and the court will most likely grant your request.

Due to the fact that you and your spouse deal with the divorce-related issues in uncontested divorce, it does not take a lot of time and money for the petition to be granted.

Annulment

Annulment is akin to divorce and allows the couples to decide how to deal with child custody, support issues and property division. However, at the end, the court treats annulment in a way as if you were never married. To qualify for annulment, one spouse is required to demonstrate invalidity of the marriage from the beginning. Legal grounds or causes to obtain annulment are different from state to state but certain requirements are common.

The couple is blood relatives.
The marriage was done by fraud.
One spouse committed an act of bigamy.
One of the spouses was not adult at the time of marriage and had no parental consent.
At least, one spouse is mentally incapacitated and so was not able to give consent to the marriage.

Whatever way you are seeking divorce, it is always a sensible idea to consult a learned Charlotte divorce lawyer to know the options you have and what will work best in your favor.