Quick Answer: Should I get an annulment or a divorce?

Although most couples choose divorce, an annulment is a better option for one or both spouses under certain circumstances. Legal annulments are rare, and the consequences of an annulment differ significantly from the effects of a divorce.

Why would you get an annulment instead of a divorce?

A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place.

What are acceptable reasons for an annulment?

The only way to obtain a civil annulment that legally dissolves your marriage is by proving one of the following grounds: fraud or misrepresentation, lack of consummation, incest, bigamy, lack of consent, unsound mind, or force.

How long can you be married and still get an annulment?

A judge can grant an annulment if the marriage took place within 72 hours after the marriage license was issued. There are a few exceptions to this. The annulment petition must be filed within 30 days of the marriage.

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Is cheating grounds for annulment?

Infidelity is one of the most common reasons for filing a case, but it is not considered a ground for annulment. Infidelity can only be an acceptable basis for legal separation or filing a case for concubinage or adultery.

Is emotional abuse grounds for annulment?

Physical/Emotional Abuse: If you are being subjected to domestic violence (i.e., emotional, psychological, and physical abuse or violent attacks from your spouse), then divorce can be obtained. Even abusive language, as well as threats of physical violence are considered as serious grounds for dissolution of marriage.

On what grounds can a marriage be annulled?

You did not properly consent to the marriage e.g. you were drunk or coerced. Your spouse had a sexually transmitted disease when you got married. Your spouse was pregnant with someone else’s child when you married.

Why some couples choose to annul or divorce after many years in relationship?

Research has found the most common reasons people give for their divorce are lack of commitment, too much arguing, infidelity, marrying too young, unrealistic expectations, lack of equality in the relationship, lack of preparation for marriage, and abuse.

Is it difficult to get an annulment?

Annulments are more difficult to obtain than divorces simply because there are limitations on the grounds for which they may be granted. You may petition for an annulment in California if you meet one of the following grounds: Blood Relation.

What percentage of annulments are granted?

What hasn’t changed, Mr. Gray said, is the percentage of annulments that are granted. “In most years since 1980, this has fluctuated between 85 percent and 92 percent,” Mr. Gray said.

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Can I annul my marriage if my husband is cheating?

An annulment cancels a marriage in such a way that it is completely and legally erased. Annulling a marriage means that it was never valid, and therefore, never existed. … In most cases, the answer is usually no, finding out your spouse is cheating on you is usually not grounds for an annulment.