Getting an annulment is an effective way of treating your previous marriage as if it never existed. However, an annulment isn't for everybody because it is fraught with some complications. Here are three examples of such complications:
You Might Not Get Spousal Support
An annulment can destabilize you financially because your spouse isn't legally obligated to support you after the marriage has been voided. This is unlike a divorce where you are entitled to financial support not only during the divorce process but also after the divorce is finalized.
Consider an example where you quit your job to take care of your family after getting married. If your marriage is annulled a few months later, you may be left jobless and without spousal support. Only in a few states will you be awarded spousal support if your marriage is annulled after many years.
Property Division Might Not Take Place
In most states, if your marriage is annulled, each of you returns to their previous state before marriage. This means the property isn't divided; rather, each of you retains the properties in their names. Therefore, if the house is in your spouse's name, then they get to keep it.
So you can be living in the same house today and tomorrow you have to move out because your spouse has a new roommate and you no longer live with them. Even if they decide to sell the house, they don't have to seek your permission because the house isn't your marital property.
Proving the Annulment Ground May Be Difficult
Each state has specific grounds for which a marriage can be annulled. The common ones include bigamy, incest, fraud, duress, and mental incompetence, among others. Also, the ground on which you are basing your application must have existed before your union.
As is the usual case with legal requirements, you have to prove your ground. Unfortunately, this is easier said than done. For example, proving that your partner was mentally incompetent or impotent before your union isn't easy; you may require expensive expert testimony. In fact, if your state allows it, it might be easier to get a no-fault divorce than an annulment.
Therefore, if you wish to declare your marriage void, do your research and understand the potential obstacles. Consult a family lawyer to help you understand how the legal ramifications apply to your unique situation before making a decision. In some cases, you may be better off with a divorce.
To learn more, contact a family lawyer like Watson Law Firm.
Share20 April 2016
Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.