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Divorce
Annulment
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Soler & Slack PA

Annulment

A divorce is where a marriage occurred, but was later dissolved. An annulment is where the marriage never existed. It may sound odd to say that your marriage never existed when you may have been with the other person for some time--but legally, if the marriage was annulled, it never existed.

An annulment is not as easy to get as a divorce. There are very specific requirements and reasons that a court will grant an annulment. These requirements deal with circumstances at the time the marriage was entered into, such as one spouse being underage, already married, or some kind of fraud occurred which caused the other to marry. Annulments are much less common than a divorce. An annulment may also have some defenses such as whatever is being cited as the reason for annulment never really occurred or that so much time has passed that the spouse seeking an annulment has waived any defect (known as "laches").

Annulments also have a different effect on property division. Since a marriage never occurred with an annulment, there is no "marital property". This can become quite complicated and a court will often try to put each individual back to the position they were in before marriage.

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