When a marriage ends people often assume that divorce is the only option but in some cases an annulment may be possible Instead of ending a marriage like a divorce an annulment legally declares that the marriage was never valid to begin with Understanding the key differences between annulment and divorce can help you determine the best course of action for your situation
A divorce is the legal termination of a valid marriage It recognizes that the marriage was legally binding but has now come to an end A divorce can be granted for various reasons including irreconcilable differences abandonment or infidelity The process of divorce involves dividing marital assets determining child custody and establishing support agreements Unlike annulment divorce does not question the legality of the marriage itself
An annulment on the other hand is a legal declaration that a marriage was never valid in the first place This means that in the eyes of the law the marriage never existed Annulments are only granted under specific circumstances such as bigamy where one spouse was already married at the time of the wedding fraud or misrepresentation where one spouse deceived the other about something essential to the marriage underage marriage without parental consent and lack of mental capacity at the time of the wedding
The process of obtaining an annulment in Utah requires proving one of the legal grounds recognized by the court This can be more challenging than obtaining a divorce since there must be clear evidence that the marriage was never legally valid If a person does not meet the requirements for annulment they will need to file for divorce instead It is important to consider that even if a marriage is annulled child custody child support and property division must still be handled by the court
Choosing between an annulment and a divorce depends on the specific circumstances of your marriage If you meet the legal criteria an annulment can provide a way to legally erase the marriage as if it never happened However if you do not qualify for an annulment or if you need to resolve issues related to property and custody divorce may be the better option Consulting with an experienced family law attorney can help you determine the best legal path forward
We know this blog may raise more questions than it answers If you need help deciding between an annulment or divorce in Utah contact our firm today to discuss your options