Over the years, dissolving a marriage, although costly, has become convenient through divorce or annulment. Though painful, it becomes the easiest way to get out of an unhappy or abusive marriage. This is the inconvenience of modern life, nothing lasts forever, and there’s no shame in admitting and accepting that. So if you’re considering ending your marriage, better learn what would work best for you.
What is divorce?
Divorce is a legal process of terminating a marriage. Divorce nullifies the legal issues and responsibilities of the marriage. The court will thereby break down the bond of matrimony. By this termination, the marriage is legally ended, making each spouse single in status again, and enabling them both to remarry.
The length of time before its filing will vary from state to state but usually ranges from one to two years, and allowed immediately. The marriage will remain in its existence even though the process is legally over. The children from the marriage will be legitimate. If the couple has assets, equally or equitably dividing it is necessary. Couples also need to discuss topics like alimony and child support. There is usually a low chance of difficulty of legal qualification. At the end of the process, both of them will part ways with a divorce.
Like an annulment, filing for a divorce petition has legal grounds to consider. Cruelty to your spouse and inhuman treatments constitute as solid grounds for divorce. There are also other legal grounds. In addition, the filing spouse should prove it with evidence of the acquisitions. These proofs should include documents like hospital admittance post-injury, the date and time of the act, and the place where the event took place.
What is an annulment?
Annulment is a legal procedure within the religious and non-religious legal system. This makes the marriage null and void. In this process, the marriage is totally erased however the record of the marriage remains on file.
Unlike divorce, an annulment requires a length of time before filing and it isn’t immediately allowed. After an annulment, the children within the marriage before the annulment is still considered legitimate. However, there will be no division of property and giving of alimony. In an annulment, there is a high difficulty of level qualification though after the process the marital status of each party returns to single or unmarried. But there are specific legal grounds to meet for requesting an annulment.
Which affects the family most, legally speaking?
Both annulment and divorce are a legal process of terminating a marriage. Divorce is legally ending a marriage. But it does give an acknowledgment that the marriage has existed for a given period of time. Annulment, on the other hand, is legally erasing the marriage, making it seem like it did not happen at all. For couples, these legal actions and court appearances can be exhausting not to mention time and money consuming but which affects the family most legally? Legally, both processes are painful and have great effects but this will be a little bit easy if you don’t have children but if you do, expect that there is a legal effect on that.
In an annulment, if the marriage is not really long, both of the former partners can just walk away from each other. It is more complicated if they have children. The ruling court will address this during the annulment process.
The Way Forward
But there will be another court and state laws that will deal with issues such as visitation rights, custody, child support, spousal support and division of property. Likewise, in divorce, children’s affairs, distribution of assets, maintenance payments, and alimony, to name a few, find a mention in the ruling of the divorce process in the same court.
Divorce and annulment may be a convenient way of ending an unhappy marriage that doesn’t work at all. Though convenient, the process is heartbreaking, exhausting, and costly, and may bring unpleasant effects to the children. Couples who use legal processes to end their marriage should first try marriage counseling. It would also be best not just for the separating spouses but for the children. This will help you discuss how the divorce or annulment will change things between them as a family. Not just legally, but in all aspects of marriage and life.