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Annulment vs. Divorce
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Flashcards
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Grounds for Legal Action
Annulment is based on the grounds that the marriage was never legally valid, whereas divorce terminates a legally valid marriage.
Children and Custody
In annulment proceedings, children born during the 'marriage' can be considered 'legitimate', and custody arrangements are made similar to those in divorce.
Financial Support
Alimony is commonly awarded in a divorce, but not usually in an annulment, as the marriage is considered invalid.
Religious Recognition
Some religions recognize annulments but do not condone divorce, affecting whether individuals can remarry within their faith.
Remarriage Rights
Annulment restores an individual's legal marital status to single, potentially making it easier to remarry, while divorce confirms a previous marriage existed.
Legal Precedence
Annulment cases can sometimes establish legal precedence since they can involve the interpretation of laws regarding marriage validity.
Public Records
Annulments may be kept more private than divorces, which are typically matters of public record.
Duration of Marriage
Annulments usually occur after a very short period of marriage, while divorces can happen at any point during the marriage.
Division of Property
Annulments often do not involve the same division of property as divorces because the marriage is deemed non-existent.
Marital Status Post-Action
After an annulment, individuals are considered never to have been legally married, while after a divorce, they are considered as having been previously married.
Residency Requirements
Annulments may have different residency requirements compared to divorces, which can differ by jurisdiction.
Time Limits for Legal Action
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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