When we consider different ways to end a marriage, two methods tend to be common in ending this agreement between two people. Those two methods involve an annulment and divorce.
Depending on your situation, either a divorce or annulment might be more beneficial for you. Eiges & Orgel, PLLC is here to provide you with the information you need to make a knowledgeable decision on which is the best way to dissolve your marriage.
Annulment
An annulment is an option for ending a marriage. However, rather than having the marriage legally recognized as over, it declares the marriage invalid or it theoretically never existed. There are several reasons why people may choose to annul their marriage rather than divorce.
- The couple got married early on and discovered they were not compatible
- Religious reasons
- The stigma surrounding divorce
- One of the spouses had a mental illness when they got married
Divorce
A divorce is the legal dissolution of a marriage.
Typically, the divorce process tends to take longer than an annulment. People who have been married for years may have homes and other property they may need to split. There may also be children involved, and which can bring up a slew of legal complications. All of these aspects make a divorce a much longer process.
There is a history that has gone into building the marriage, so the dissolution of the marriage through legal divorce proceedings is more common for people that have been together for longer periods of time.
Comparing Divorce vs. Annulment
The main difference between divorce and annulment is that annulment is something that is considered to be invalid from the very start. This is why it is something that is technically considered non-existent when it is processed. The annulment becomes a part of our marriage history that is erased. With a divorce, however, it becomes apart of our record.
Additionally, the legal process between the two is vastly different. In an annulment, there must be a trial and hearing before a judge, and at least one of the grounds for annulment to be proven. On the other hand, a divorce doesn’t require a trial and can be granted upon written or sworn testimony.
Contact Our Divorce Lawyers Today
If you are still unsure what is the best option for you, consulting with a New York divorce lawyer can help. Since both processes involve complex laws, procedures, and legal paperwork, it is in your best interest to consult with the attorneys at Eiges & Orgel, PLLC. We are dedicated to protecting you and your family’s rights during this difficult time.
Call us today at (347) 848-1850 if you need help with ending your marriage.