Can I get an Annulment instead of a Divorce?

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Nullity of Marriage, also referred to as an annulment, is one of the options that you have to end a marriage. There are many advantages to an annulment. However, for a nullity of marriage to be an option you must have a void or voidable marriage.

Void vs. Voidable marriages

A void marriage is one that was never valid from the start because of incest and bigamy. A voidable marriage is one that is voidable by either of the parties due to factors such as underage, unsound of mind, current spouse mistakenly believed to be deceased, fraud, force, and physical incapacity existing at the time of marriage.

Pros

  • If you are granted a judgment of nullity both parties will be restored back to the status of unmarried persons, thus you will not be labeled as a divorcee.
  • No waiting period required. A judgement of nullity ends on the day the judgement is entered; both parties are free to remarry immediately.
  • No statutory residency requirement
  • No requirement of Consent or Default

Cons

  • The party asking for nullity of marriage must prove the grounds that they are seeking the annulment on
  • More invasive than a common dissolution of marriage where you do not have to disclose why you want to terminate the marriage (no fault divorce)
  • The court may not grant nullity of marriage if sufficient evidence is not produced
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