The Choice of Annulment Or Divorce May Not Be Yours

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If you are looking to get an annulment or a divorce, which process you should pursue is always a difficult choice.
As for an annulment, your friends would probably tell you that you just should not have married in the first place unless both parties were sure of their maturity and/or commitment to each other.
But, you are actually in a tough situation and you want to check out your options of whether you can get an annulment or a divorce.
Honestly, the choice of an annulment or a divorce is not really up to you as there are qualifications you have to meet for each process.
Every State has made their own rules regarding whether you can get a divorce or an annulment.
In most States, the annulment of marriages is not even defined in the law.
If annulment is defined in the laws of your State, the generic qualifications would be something like bigamy, fraud, a marriage that is declared prohibited by law, mental incapacity, or inability to consummate the marriage.
You would have to check with your local statutes to see if you can even get an annulment.
Generally, an annulment action can be initiated by either spouse in the marriage and if the qualifications are met and the grounds for the annulment are proven, the judge will deem the marriage null and void.
Otherwise, the even more complicated process of divorce can be pursued which can be either an "at fault" or a "no fault" divorce.
In some states, a divorce will only be granted if there is proven "fault" by either party, but in other States, "no fault" divorce is not even allowed.
Of the many reasons you would even be looking for a divorce other than the general "irreconcilable differences" divorce which is of the "no-fault" type, could be drugs, alcohol or gambling, incurable mental illness, a conviction of a crime, adultery, desertion, and physical/emotional abuse by either party.
Whether you qualify for either a divorce or an annulment, other considerations that have to be settled are children in the marriage, community property, custody, child support, alimony, and sometimes even visitation for the family pet.
In either case, after the divorce or annulment, both parties can then legally remarry.
In summary, it is very important to fully investigate your qualifications in your State for a divorce or annulment.
You must be familiar with the statutes for each action in the courts of your State.
Often, there are legal information pages on the courts website in your area that can help you find out more about your situation.
You can also, and actually you should, consult an attorney if your situation is difficult to sort out and/or you and your spouse cannot agree to the terms of the legal action.
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