Annulment or Divorce?

Annulment or Divorce?

If you are seeking to dissolve your marriage, you may ask yourself: am I entitled to an annulment? Or, is an annulment a better option for me?

An annulment is vastly different from a divorce, both in what it means and what you are entitled to. An annulment can only occur if a marriage is legally invalid. A marriage may be invalid for several reasons. For instance, if you discover your spouse is already married to someone else or if the marriage was obtained through fraud, you may be entitled to an annulment rather than a divorce. If the court finds your marriage is invalid, the marriage will be dissolved as though it never happened. Thus, you will be treated as though you were never married. On the other hand, if the court determines the marriage was valid, a divorce must occur to dissolve a marriage.

In some circumstances, an annulment may be the better option for you. When a marriage is treated as though it never happened, the spouses do not have the same financial obligations to one another as would be required of a divorcing couple. In addition, divorce is a more costly and lengthy process than an annulment.

During a divorce, the court will typically equally divide assets acquired during the marriage, called marital assets. Further, the court will determine child support, spousal support, property division, and other such issues. This is drastically different from an annulment. If a marriage is annulled, assets cannot be marital. Thus, your financial obligations are significantly minimized. For instance, if your marriage is annulled, you will not have to pay spousal support. You will also be entitled to keep all of your bank accounts and all assets in your name without your spouse having a marital claim to them. However, this can be a double-edged sword if you are in need of support or believe you are entitled to some portion of the assets.

For more information on annulment see the requirements for it on this page.

To find out you are entitled to an annulment, or whether an annulment is the right option for you, please contact Spindler and Associates. We have years of experience and know the laws and court procedures for Wayne, Oakland, Livingston, Genesee and Washtenaw Counties where our attorneys have practiced for years. Contact Kathryn Wayne-Spindler & Associates at 248-676-1000 to schedule a consultation. The Oakland County law office is conveniently located in Milford, Michigan. Our service area includes these communities: Milford, Waterford, Walled Lake, Commerce, Highland, Hartland, White Lake, Commerce, South Lyon, Linden, New Hudson, Wixom, Holly, Fenton, Grand Blanc and many more.


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