Family Law Blog

Reasons to Choose Annulment Over Divorce

Thursday, September 28, 2017


It happens every day. Couples come to the decision that they no longer want to be together. If they were dating, the split is heart-breaking but simple. However, if they are legally married, splitting up is just ever so much more difficult. When it comes to dissolving a marriage, there are two choices: divorce or annulment.

Contrary to the belief, annulments aren't just for quickie weddings in Las Vegas, they can be employed for a number of reasons. Unlike divorce, an annulment can only happen if there are specific situations about the marriage. In most states, these include reasons of fraud, bigamy, underage or incompetent spouse, or the marriage has not been consummated.

Typically the difference between an annulment and a divorce is that an annulment makes it as if the marriage never happened, but a divorce will always be on record. In days past when divorce had a negative stigma, seeking an annulment was the preferred course of action. However, today most people seek annulments in order to protect their property and possessions. If you can prove that a spouse was already married or lied about who they were, then a marriage can be annulled and even in an equal division of property states, they will have no claim on what is yours.

Annulments may be the preferable option for some, but if you do not fit the strict requirements, then you will have to settle for a regular old divorce. However, that doesn't mean you have to lose everything. With the right divorce lawyer, you can make sure your divorce goes smoothly and in your favor. If you are considering a separation, contact us today.