June 17, 2024

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Should you File for Annulment or Voidance

3 min read
Annulment - Void & Voidable Marriages | McIlveen Family Law Firm

When it comes to dissolving a marriage, many people are unsure of the differences between annulment and voidance. Annulment and avoidance are two legal procedures that can be used to end a marriage, but there are important distinctions between them. In this blog post, we will discuss what annulment and avoidance are, when you should use each one, and some of the key differences between them.

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that it erases the marriage from its inception as if it never happened. An annulment can be granted by either a court or religious authority depending on the jurisdiction. The grounds for an annulment vary by state but generally include fraud, bigamy, mental incapacity, underage marriage or force.

Voidance is similar to annulment in that it also declares a marriage null and void from its inception as if it never happened. However, unlike an annulment which must be granted by a court or religious authority, voidance can occur automatically under certain circumstances such as incestuous marriages or marriages where one of the parties was already married at the time of the ceremony.

So when should you file for an annulment or voidance? If your marriage meets any of the criteria listed above for an annulment then you should consider filing for one as soon as possible. An annulment may be easier to obtain by your divorce attorney in Alabaster than a divorce in some cases since it does not require proof of fault like adultery or abandonment. On the other hand, if your marriage meets any of the criteria for automatic voidance then you do not need to take any action; your marriage will simply be considered null and void without having to go through any formal process.

There are some key differences between annulments and voidances that you should be aware of before deciding which option is best for your situation. Annulled marriages are not recognized in all states while voided marriages are recognized everywhere; this means that if you get an annulled marriage in one state but move to another state later on than your former spouse may still have rights over marital property even though your marriage has been legally declared null and void in another state. Additionally, children born during an annulled marriage may still have inheritance rights whereas children born during a voided marriage do not have any inheritance rights since their parents were never legally married in the first place.

In conclusion, both annulments and voids can be used to dissolve a marriage but there are important distinctions between them that you should consider before deciding which option is best for your situation. Annulled marriages may not be recognized in all states while voided marriages are recognized everywhere; additionally children born during an annulled marriage may still have inheritance rights whereas children born during a voided marriage do not have any inheritance rights since their parents were never legally married in the first place.

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