An annulment is treated as through the marriage never took place. In some religions divorce is against the rules but an annulment is ok. There must be no consummation of the marriage to have an annulment.
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2007-12-27 09:40:53
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answer #1
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answered by Barkley Hound 7
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From a legal standpoint -- a "divorce" means the dissolution of a marriage. Whereas, an "annulment" means a finding by the Court that a marriage never existed. An annulment can be granted only if certain conditions are met ... for example, if the marriage was entered into under false circumstances (like if one of the parties lied about something of great significance), or if the marriage was never sexually consummated, and the like. If you get married and then want your marriage to be annulled, you can file with the Court for an annulment -- and then the Judge decides whether or not your situation qualifies for an annulment.
2007-12-27 17:41:52
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answer #2
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answered by Rhoda 3
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I married a Catholic woman who had her first marriage annulled so we could get married in a church. Here's the straight poop on the deal.
Divorce is a legal action in which husband and wife declare their desire to terminate a consummated marriage. It takes the form of a civil suit. It can be for cause or no-fault. When it is no-fault, usually it takes little or no time. There is a short waiting period while the splitting partners divvy up the property associated with the marriage. Once everybody agrees as to who gets what, they go before a judge and it is over. End of marriage.
Divorce for cause is usually because of one spouse being unfaithful to the marital promise, being violent to the other spouse, or for technical reasons. For instance, Alabama allows a one-sided divorce for cause if the spouse is convicted of a crime that will put him/her away for a long time.
Divorces can be contested if one of the parties doesn't want to end the marriage. In essence, that party fights the lawsuit. A contested divorce can get ... messy.
Annulment comes in two forms. The legal form of an annulment is a declaration that the marriage was never consummated and was a mistake. Once the order of annulment is granted, the marriage is canceled as though it had never happened.
The religious form of annulment is trickier. First, the parties seeking to terminate a consummated Catholic marriage need a civil divorce. But in order to remarry again, they need to THEN get an annulment.
In this annulment, the goal is to show that one of the parties didn't take the marriage seriously and therefore LIED TO GOD during the marriage vows said at the altar. If it can be shown that one of the parties entered into the marriage with no intent to honor the vows, then a council of priests (usually a triad) can grant the annulment.
In my wife's case, her ex made it easy. They got the civil divorce and before the annulment could be processed, he got civilly married to the woman he had been seeing that broke up their marriage in the first place. Easy call for the triad.
2007-12-27 22:44:08
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answer #3
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answered by The_Doc_Man 7
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You can get an annulment even after the marriage has been consumated and even after children have been born to the marriage. You can also receive spousal support, child support etc even if you seek an annulment. Your children will not be considered illigetiment either if you get an annulment. Just points I wanted to point out before I answsered your question
Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.
It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support or alimony, child custody, child support, and distribution of property.
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.
In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process. Generally speaking, annulment, despite its retrospective nature, still results in any children born being considered legitimate in the USA.
In the catholic religion (for devout catholics) divorce is a no-no therefore the parties seek an annulment in order to remain in good standing with the church
2007-12-27 18:43:55
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answer #4
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answered by D and G Gifts Etc 6
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An annulment cancels the marriage. In other words, you were never married. However, annulments seem less common because they can usually only be granted before the marriage is consummated, or, before the new couple has sex. A divorce simply means that you ended your marriage.
Here's a quote from answers.com:
annulment:
Legal invalidation of a marriage. It announces the invalidity of a marriage that was void from its inception. It is to be distinguished from dissolution or divorce. To justify annulment, the marriage contract must have a defect (e.g., incompetence of one party because of age, insanity, or a preexisting marriage). Continued absence of one party may also justify annulment. Generally, annulment is easier if the marriage is unconsummated. Both secular law and Christian canon law have annulment procedures.
2007-12-27 17:42:55
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answer #5
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answered by stephieSD 7
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Divorce is the severing of the marriage contract ,after consummation of the union contract.. Meaning, one has been married for a time and there has been issues(children) as a matter of division, assets, (wealth) and other formal material things, acquired during the union, and for unrepairable differences, the parties desire to go their separate ways..Annulment, is a horse of a different color.. Meaning steps are taken, which can be ,before consummation, of the union, or after.. Annulment states the marriage never existed..For different reasons.. I know of one case where there was five children of issue, and the marriage had been divorced legally thru the courts, and one of the parties wished to remarry in their religion, which was Catholic.. The person who wanted the annulment,, paid $20,000.00 thru the Catholic Church for this marriage to be annulled.. It was, and the party married anew, with the Catholic Churches blessings.. One side effect of this annulment, the five children, became "Bastards,," since the marriage in which they were conceived never existed.... I like to call that situation,""RELIGION FOR SUM""!! SOLOMON
2007-12-27 17:55:27
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answer #6
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answered by solomon 6
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An annulment is like the marriage never happened. A divorce is just the end of a marriage.
2007-12-27 17:43:12
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answer #7
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answered by First Lady 7
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divorce = The legal dissolution of a marriage.
annulment = The invalidation of a marriage, as for nonconsummation, effected by means of a declaration stating that the marriage was never valid.
If you're catholic you can also petition the pope for an annulment. If the marriage was never valid does that make both parties fornicators and any children bastards?
2007-12-27 17:44:45
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answer #8
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answered by Anonymous
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An annulment is before consumation of the marriage.
2007-12-27 17:38:33
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answer #9
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answered by Anonymous
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you can get an annulment if you have not consumated the marriage ie: not had sex yet
2007-12-27 17:40:38
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answer #10
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answered by duffie_1999 6
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