Divorce is often used as a generic term for ending a marriage. However, not every marriage that comes to an end is the result of a divorce. Rather than opt for legal separation, countless people throughout Utah have chosen to end their marriage with an annulment. But what is the difference between a divorce and annulment? Because there are many myths about annulments, it is important to discuss them with a Salt Lake City divorce attorney. Let’s take a closer look at some of these differences.
Separating Fact From Fiction
Divorce is the process of terminating and dissolving a legally valid marriage. An annulment erases a marriage by declaring it null and void. Although the marriage is erased, the official records of the marriage are still kept on file. It is also important to understand that religious annulment are not recognized as a legal dissolution of a civil marriage.
Is Your Marriage a Mistake?
Life doesn’t always go according to plan. There are many people who get married against their will or even without their own knowledge. Annulments are often seen as a “do-over”. It gives people the ability to turn back the clock to when they were single and wipe out the marriage. To receive an annulment, the marriage must satisfy the following conditions.
- Misrepresentation and fraud: This happens when one party is misled into marriage. In some cases, a spouse may have lied to their partner or withheld important information. For example, some people are tricked into marriage by another person who is already married. Misrepresentation can also include a person’s inability to produce children.
- Concealment: Unfortunately, it happens to far too many people in Utah. Many people suddenly discover their spouse has a criminal record or children from another relationship or have a sexually transmitted disease. When this information is kept from one partner, it can be grounds for annulment.
- Misunderstanding: Many people enter marriage to have children and raise a family. However, some enter marriage under false pretenses. To receive an annulment on these grounds, the level of misunderstanding must be substantial.
- Incest and impotency: If one party is unable to consummate the marriage, it can be ground for annulment. Any sexual act involving a sibling, grandchildren, first cousins, aunts, and uncles are grounds for annulment.
- Lack of consent: For any marriage to be legally valid, both parties must have the mental capacity to consent to marriage. If a person enters marriage due to threats or is forced into marriage by drug or alcohol impairment, it can be grounds for an annulment.
Need Help With an Annulment? Salt Lake City Divorce Attorney Emy A. Cordano Can Help
Nobody deserves to stay in an unhappy marriage. When that marriage is forced or based on lies or false information, it is grounds for an annulment. It is also important to seek representation from an experienced and knowledgeable Salt Lake City divorce lawyer that can properly explain your legal options to help make the right decisions. For nearly two decades, attorney Emy A. Cordano has provided legal counsel for countless men and women seeking to resolve their family law issues. She utilizes an aggressive and compassionate approach to helping place each client in the best position to succeed. To learn more, contact her Salt Lake City family law office today and schedule a consultation to discuss your case.
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emy a. cordano
I am Emy Cordano, a family law attorney based in Salt Lake City. I concentrate my practice on divorce and family law matters; I am not a general practice lawyer. Family law is all I do. Here you'll find additional articles and advice that I make available to anyone facing family law issues.
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