What’s The Difference Between Divorce And Annulment?

What Is an Annulment?

An annulment is a legal ruling that nullifies or voids a marriage. When an annulment is granted, the marriage no longer legally exists, and neither party is considered to have been married.

It can be difficult to get an annulment. There are specific requirements that you have to meet in order to be eligible for an annulment.

Religious annulments are the most commonly discussed annulments. These are granted by religious bodies. A religious annulment is not the same as a legal annulment. 

It’s possible to be granted a religious or legal annulment but not the other.

Grounds for Annulment in Mississippi

You have to meet certain criteria and timelines in order to be eligible for an annulment. The grounds for annulment differ from the grounds for divorce. Mississippi grounds for annulment:

• Incest
• Impotence that is incurable and annulment must be sought within six months of marriage
• Age where one or both parties under the age of consent when marriage occurred
• Incompetence where one or both parties are unable to consent to marriage, must be brought within six months of marriage
• Force or fraud where one party was lied to or forced into marriage must be brought within six months of knowledge of force or fraud
• No cohabitation

What Is the Difference Between Annulment and Divorce?

Annulment and divorce are both ways to end a marriage, but they are very different. An annulment nullifies a marriage. After an annulment, the marriage never legally existed. A divorce ends a marriage. After the divorce, the marriage still existed, but is now over.

Annulment vs. Divorce In Mississippi

An annulment nullifies a marriage like it never existed. Because of this, an annulment does not include any division of property or assets as a divorce does.

If there are children involved in an annulled marriage, parentage may have to be established after the annulment. Child support and custody can be established as part of the process of establishing parentage, but they are not part of the annulment process.

Custody and child support for children from the marriage will be determined during the divorce proceedings. With a divorce, you minimize the number of separate legal proceedings.

Annulments can be difficult to qualify for and obtain. Divorce has less stringent eligibility requirements.

Contact a Family Law Attorney Today

Both divorce and annulment are complicated legal procedures. It’s recommended to work with an attorney for a divorce or an annulment.

We can help you examine your situation and determine if you have a case for an annulment. Our family law attorney can help prepare you for a divorce or an annulment.

Contact Campbell Law today to learn more about how we may be able to help you with a divorce or annulment.