To understand why annulments are so rare in today’s times, you must understand the difference between an annulment and a divorce. Divorce is the process that officially terminates a previously valid marriage, while an annulment says that a marriage was never valid to begin with. This can happen for many reasons, including:
- Somebody not being able to consent to marriage due to mental illness, insanity, or retardation
- Temporary insanity
- Somebody misrepresenting information in a case of fraud
- Lack of consent or duress
- Being under the influence of alcohol or drugs
- And more!
But why is it that receiving an annulment is so difficult? Proving that you meet legal grounds to have an annulment is a difficult process and one that courts do not take lightly. The reason why so many people want to receive an annulment and not a divorce is because divorce carries such a stigma, or because of their religion. What you have to prove is that your marriage is one that is prohibited by law, such as in a case where somebody was not legally old enough to receive a marriage and the parents did not consent. One of the major mistakes that people make to ruin their chances of an annulment is staying in the marriage even if they know that it has been created through fraud. If you remain in the marriage for long periods of time even after it has been deemed invalid, the court may not grant your annulment and you may be faced with the decision of divorce.
What to Think About
There are some disadvantages to annulments as well. For instance, if you get your marriage annulled rather than go through divorce, you will lose the rights you enjoyed during the marriage. You will not retain property rights to your marital home, the courts will not award financial support to you, and you are no longer entitled to a share in your former partner’s estate. These are concepts to think about before you get involved with the annulment process. However, if you still believe an annulment is right for you because divorce is not an option, call us today. We can help you make the best decision that works for you.
