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Annulment vs. Divorce

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Grounds for Legal Action

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Annulment is based on the grounds that the marriage was never legally valid, whereas divorce terminates a legally valid marriage.

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Children and Custody

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In annulment proceedings, children born during the 'marriage' can be considered 'legitimate', and custody arrangements are made similar to those in divorce.

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Financial Support

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Alimony is commonly awarded in a divorce, but not usually in an annulment, as the marriage is considered invalid.

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Religious Recognition

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Some religions recognize annulments but do not condone divorce, affecting whether individuals can remarry within their faith.

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Remarriage Rights

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Annulment restores an individual's legal marital status to single, potentially making it easier to remarry, while divorce confirms a previous marriage existed.

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Legal Precedence

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Annulment cases can sometimes establish legal precedence since they can involve the interpretation of laws regarding marriage validity.

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Public Records

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Annulments may be kept more private than divorces, which are typically matters of public record.

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Duration of Marriage

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Annulments usually occur after a very short period of marriage, while divorces can happen at any point during the marriage.

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Division of Property

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Annulments often do not involve the same division of property as divorces because the marriage is deemed non-existent.

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Marital Status Post-Action

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After an annulment, individuals are considered never to have been legally married, while after a divorce, they are considered as having been previously married.

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Residency Requirements

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Annulments may have different residency requirements compared to divorces, which can differ by jurisdiction.

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Time Limits for Legal Action

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Annulments often have a statute of limitations that requires action within a certain timeframe after the wedding, whereas divorces have no such restrictions.

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