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Pros & Cons of Annulment Vs. Divorce
Last Updated: Aug 16, 2013 | By Mike Broemmel
Reaching a juncture in your marital relationship at which you desire to dissolve the union with your spouse, you are likely to find yourself contemplating your options. Divorce certainly is an option available to you. In some states, you can obtain a legal separation. In all U.S. jurisdictions, annulment laws exist, as well. If you end up focusing on a divorce or an annulment, you need to weigh and balance the pros and cons of both proceedings.
The primary function of a divorce is to terminate a valid marriage, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The basic function of an annulment is to obtain a declaration that no valid marriage existed in the first place. Judges in both cases issue other orders to deal with issues like property division and custody of children.
The benefits of both types of proceedings include leaving the parties free to remarry. Divorce and annulment also structure the legal relationship between the parties at the conclusion of the actual judicial proceedings, according to the American Bar Association Section of Family Law.
A disadvantage of divorce is that obtaining this type of legal remedy may violate the tenants of your religion. Some religions significantly restrict an adherent's ability to continue involvement in formal activities. A disadvantage of annulment in many jurisdictions is that you cannot make a claim for alimony or spousal maintenance. The theory in these locations is that if there was no valid marriage in the first instance, a claim for maintenance or child support is a legal impossibility, according to ExpertLaw.
A variety of misconceptions exist about the pros and cons of annulment versus divorce. For example, a common misconception is that a negative…...

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