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
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