What is the Difference Between an Annulment and a Divorce?
If you and your partner have decided to end your marriage, two options you have are annulment and divorce. You need to understand the difference between the two in order to make the best decision for your situation.
Going to court with a petition for divorce means that you are ending your marriage. Pennsylvania is both a no-fault grounds and fault grounds state, meaning you can seek divorce for grounds such as adultery or cruel treatment or you can seek divorce because it simply is not working and your relationship is not amicable.
Depending on which type of divorce you are seeking, you then go to court and work to divide any assets obtained during the marriage as well as decide any child visitation and parenting rights after the divorce is finalized.
If you are considering getting a divorce, our team can help explain the process and represent you during this difficult time.
An annulment of marriage is a court decree that a marriage never existed between two parties on the grounds that the marriage was illegal in the first place. Pennsylvania lists both void and voidable marriage types that can be annulled for several reasons:
- One or both parties were under the legal marriage age of 18.
- One party was unable to consent to the marriage due to incapacitation or incompetence.
- The marriage is between first cousins.
- One party is already married.
- The marriage is between more than two people.
- Any consent obtained for the marriage was done through fraudulent means.
In the case of a void marriage, no court order is needed. In the case of a voidable marriage, a case needs to be filed and presented before a judge, who will determine if the marriage can be annulled. It is best to speak with our team so that we can help you file the proper paperwork and make the process easier.
Divorce Attorneys in Central Pennsylvania
You must give great consideration to your personal situation before deciding which option to choose. If you believe that your marriage should have never existed in the first place for reasons outlined by Pennsylvania law, then you should seek an annulment.
If your marriage is legal and you are seeking to end that marriage, then you should petition for divorce. In either case, you must consider factors such as child custody and support if you have children. You should also seek the advice of a family law attorney who can give you professional legal advice on which option is best for you.
The Law Office of Jason R. Carpenter is here to help you make the best decision for your future. Contact us at (717) 537-0928 or visit us online.