How Does an Annulment Differ From a Divorce?
This question is, of course, raised by the recent appalling marriage and dissolution of marriage between Britney Spears and Jason Alexander.
An annulment is the legal dissolution of a marriage which, essentially, erases the marriage from existence. Legally, the marriage never happened, as there was some problem with the legal contract of the marriage, or with the execution of said contract. The two parties ostensibly return to their premarital state of singlehood, with no legal claims upon one another.
A divorce, on the other hand, is the legal dissolution of a marriage which acknowledges that a marriage did take place, but that the marriage must end. One or both of the parties may have claims upon the other—for spousal support or child support, for example. Divorce does not recognize a problem with the actual marital contract, but, instead, acknowledges that one or the other party has broken the terms of that contract (divorce for cause) or that both parties want out of the contract (no-fault divorce).
Now that you know the difference, use the terms advisedly.
7 Comments
Hmmm, I didn’t know the difference…thanks!
In addition, technically, an annullment is granted readily when the marriage was never consumated. I recently read of a Catholic man who was trying to get an annulment so he could remarry in the catholic church, but his wife and three kids where fighting it. If the marriage never existed, then what where the kids?
Maybe he was trying to claim the kids weren’t his? It’s tough being Catholic!
Annulments aren’t easy to get… It took me almost two years.
Gee, Midi, that stinks! It only took Britney two hours.
I’d been married 17 years, though … I had to fill out a lot of paperwork and write a thirteen page life-story essay. That went to the tribunal. And then eventually I had to go to the tribunal. I didn’t get to become Catholic at the same time as the rest of my RCIA class because it took so long. Then my husband and I had our marriage blessed — this was a couple of years ago (We’d been married by a justice of the peace in 1996).
An annulment for parents means the kids are no longer legitimate because legally the marriage did not exist. This is why the “no consummation” rule, which can be waived if there is no issue.
* Non-consummation is proof of inability to procreate.
* An intact hymen in a woman is proof of non-consumation.
* Therefore, medical examination of the woman used to be part of the proceedings for an annulment.
Aren’t you glad things have progressed somewhat?