A fundamental distinction exists between the legal processes that dissolve a marriage. One process, annulment, treats a marriage as if it never legally existed. This occurs when specific conditions were present at the marriage’s inception, rendering it invalid from the start. Examples include bigamy, incest, or one party’s lack of capacity to consent due to mental incapacity or being underage. The other process, divorce, acknowledges the validity of the marriage up to the point of dissolution. It terminates a legally recognized marital union based on grounds that arose after the marriage began.
Understanding the implications of each process is crucial for individuals seeking to end a marital relationship. The choice between these options can significantly impact legal rights and obligations related to property division, spousal support, and child custody. Historically, annulments were more frequently sought in situations where divorce was socially or religiously unacceptable. While divorce laws have become more liberal, annulment remains a relevant option in specific circumstances, offering a clean slate as if the marriage never occurred.
