FAQs about the difference between an annulment and a divorce
If you are considering ending your marriage, you might wonder whether an annulment or a divorce is the right choice. While both end a marriage, they are very different processes. It is helpful to understand some common questions and answers about the differences between annulment and divorce.
What is an annulment?
An annulment is a legal process that declares a marriage null and void, as if it never happened. Unlike a divorce, which ends a valid marriage, an annulment states that the marriage was never legally valid in the first place. Annulments are granted for specific reasons, like fraud, bigamy, or if one spouse was underage and did not have proper consent.
How is a divorce different?
A divorce is the legal end of a valid marriage. When you get divorced, the court divides assets, settles custody arrangements if you have children, and resolves other issues related to the end of the marriage. Divorce does not erase the marriage but rather ends it officially. Unlike annulment, you do not need to prove that the marriage was invalid to get a divorce.
When can you get an annulment in Ohio?
Annulments are only granted under specific conditions in Ohio. These include situations where one spouse was already married to someone else, cases of fraud or coercion, or if one spouse was not capable of consenting to the marriage. Annulments are less common than divorces because the requirements are much stricter.
Does an annulment affect children from the marriage?
An annulment does not affect the status of children. In Ohio, children born during an annulled marriage are still considered legitimate, and parents are still responsible for child support. Custody and support arrangements are handled similarly to a divorce.
Choosing between an annulment and a divorce depends on your circumstances. If your marriage meets the criteria for annulment, that may be an option. Otherwise, divorce is the typical path to end a marriage. Both processes can be challenging, but understanding the difference can help you decide which is best for your situation.
