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How is an annulment different from a divorce?

An annulment is similar to a divorce in that the process terminates a marriage. However, while a divorce dissolves a valid marriage, an annulment treats the marriage as if it never existed. Annulments are typically considered by couples who have a short-term marriage lasting a few weeks or months.

In many short-term marriages, there are little or no marital assets or debts that need to be divided. In addition, child custody and visitation, child support, and alimony are usually not issues that need to be addressed. However, in the event of a long-term marriage annulment, most state laws have provisions for determining property rights and debts, as well as child and spousal support matters. Courts commonly treat long-term marriage annulments the same as a divorce.

The grounds to file for an annulment differs depending on which state you live in. But generally, an annulment may be granted for the following reasons:

·    Concealment – If a spouse hides important facts about his personal life that would be detrimental to the marriage such as a drug or alcohol addiction, a felony conviction, impotency, or a sexually transmitted disease, an annulment may be obtained.

·    Misrepresentation or fraud – If a spouse lies about his/her age, ability to have children, or engages in other fraudulent behavior that misrepresents his/her life, you may file for an annulment.

·    Inability or refusal to consummate the marriage – Refusing to or being unable to have sexual intercourse with the other spouse may be grounds for an annulment.

·    Misunderstanding in the marriage – This pertains to any misunderstanding or miscommunications within the relationship that may damage the marriage. For example, if one spouse doesn’t want children and the other spouse does want children.

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