Difference Between an Annulment and Divorce

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Sorrentino Law

Difference Between an Annulment and Divorce

It might be harder to do emotionally, but legally, you can act like your relationship with your ex-spouse never happened. This ending of a marriage is called an annulment.  Whether or not you have children or share property or even live together, a marriage is a legal contract, and a divorce is the legal process of breaking that contract. An annulment, however, treats your marriage like it never even happened—but only for a good reason.

divorce vs annulment

What is the difference between a divorce and an annulment?

As I mentioned in a previous blog post on no-fault divorces in Mississippi a divorce is the legal process of ending a lawful marriage. The difference between divorce and annulment eligibility depends on a variety of factors: how long the couple have been married, whether or not the couple were legally able to be married in the first place, and in some cases, whether the circumstances that call for annulment are acted upon in the right amount of time.

How can I get my marriage annulled?

Marriage annulment occurs when it is discovered that marriage has occurred between two people under illegal circumstances. The following are the grounds for annulment in Mississippi:

  • One or both partners is impotent at the time of the marriage (this claim must be brought within six months of the marriage);
  • One or both partners has been judged insane;
  • One or both partners has entered the marriage without their consent;
  • One or both partners is pregnant by another person, without the knowledge of their partner;
  • The marriage is bigamous;
  • The marriage is incestuous;
  • One or both partners is already married or in a recognized domestic partnership;
  • One or both partners is underage.

How long does it take to get an annulment?

In some cases, an annulment is only possible if the process is initiated within six months of marriage, or obtaining knowledge of a situation in which annulment is grounds for marriage termination.

How does annulment affect children?

Children of annulled marriages are considered legitimate, unless their parents were in an incestuous relationship. Parents still, of course, will be able to pursue custody and child support.

Who can help me annul my marriage in Mississippi?

Though annulment can legally dissolve a marriage, the process is not common and professional legal counsel will be helpful. Andrew Sorrentino Law is glad to help you with your divorce and annulment needs.