Family Law Oakland CA
Written by Edward Lai

Annulment vs. Divorce

Annulment and divorce are two sides of the same coin. While both methods effectively end a marriage, they do so in similar but different ways.

Divorced or Single

One of the biggest differences between divorce and annulment is that of civil status after each has already been completed. For divorce there is now a check box under civil status for divorced, while if the couple chooses annulment all parties involved has the right to check the box indicating they are single. This is because the annulment process pretty much makes it as if the marriage never took place.

Reasons behind Annulment

One of the most common reasons for a couple to seek annulment is religion. In the Roman Catholic faith divorce is strictly not allowed and the only way that someone who had been married previously can remarry in the Catholic Church is to seek out annulment.

However, in most places couples who seek out annulment will usually be approved for a variety of reasons. These reasons include, but are not limited to:

Fraud/Misrepresentation: This is when one of the spouses lies about something important to the other spouse. The inability to have children would be one such example.

No Consummation of Marriage: This is when one spouse is unable to have sexual intercourse and the other spouse was unaware of this at the time of the marriage.

Incest, Bigamy, or Underage Party: When the two spouses are related by blood and still seek marriage, their marriage is illegal under the laws of the state in which they are marrying. In most states it is illegal to marry someone else when they are still legally married to another person.

Unsound Mind: This is when one or both the spouses were under the influence of drugs or alcohol at the time of the wedding and were unable to make sound judgements related to the event.

If you are considering annulment over divorce it would be best to talk to a lawyer about your legal options.

The law offices of Edward Lai Law are willing to help with any legal matters concerning annulment and divorce. For a consultation you can call the office of Edward Lai Law at 510-397-8287.

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