Learning The Difference Between Annulment And Divorce

Annulment and divorce may seem similar, but they are entirely different. A divorce is a civil proceeding to end a marriage, not to dispute its validity. An annulment seeks to prove that the marriage was not valid to begin with, making it as if it never happened.

Grounds For Religious Annulment Of A Marriage

The requisites for granting annulment depend on the church or synagogue, but generally include establishing that, when entering the initial marriage, the parties did not fully understand the terms of the contract. This may include things such as psychological unfitness, a misrepresentation of intention, or even an inability to have children. Religious annulments are granted at the discretion of the church or synagogue and are unrelated to the proceedings in domestic relations court.

Civil Annulment And Divorce Law

A civil annulment, like a religious one, will seek to establish that the marriage was not valid to begin with, but unlike a religious annulment, it will seek to do so legally under the court’s legal process. Under Ohio divorce law, an annulment may be granted due to a variety of factors, including:

• Either party was still legally married to another living spouse at the time the union took place.
• Either party has been adjudicated mentally incompetent.
• The party seeking the annulment was not of legal age to marry when the union took place.
• The consent of either party was obtained through fraud or force.
• The marriage was never consummated.

For the first two grounds, an annulment can be sought at any time. For a spouse who was underage at the time of marriage, the action must be filed within two years from the date the spouse reaches the legal age of consent, though the suit could be brought by a parent or guardian at any time between marriage and the age of consent. For the last two grounds, the annulment must be filed within two years of the date of marriage. Some of these grounds will require proving that cohabitation did not occur after the marriage took place. Cincinnati divorce attorney John Heilbrun will discuss this with you in more detail during your initial consultation.

Annulment And Divorce Are Different Procedures

Although a civil annulment will mean that legally the marriage never happened, there may be practical aspects of the marriage that must be dealt with. Child custody and child support issues will have to be addressed. Some people are under the mistaken impression that an annulment can protect them from property division, but this is not necessarily the case. Even in a relatively brief marriage, property division will have to occur, but the legal principles are different from those that apply if the parties were getting divorced rather than having their marriage annulled.

Learn More About Annulment And Divorce With Reliable Guidance

Having a full understanding of annulment and divorce helps in deciding which best serves your needs. Divorce attorney John Heilbrun offers detailed guidance on Ohio family law, representing families from Southern Ohio, including Warren, Hamilton and Clermont counties. He takes the time to listen to your concerns and provide advice during the initial consultation.

To schedule an initial consultation for divorce or annulment in our Blue Ash office, please call 513-548-5606. We also accept online submissions through our contact form.