When a marriage ends, spouses may face a critical decision: annulment vs. divorce. Getting divorced legally ends a marriage, while having a marriage annulled means the marriage never legally existed.
At the Law Office of Pamela C. Bratcher, we know how confusing and emotional this process can be. With decades of experience in Kentucky family law, Pamela Bratcher provides honest guidance and compassionate support. Pamela personally handles every case and offers free initial consultations. Whether you are considering divorce or exploring the possibility of an annulment, we are here to help.
What Is Divorce?
Divorce, or the dissolution of marriage, is the legal process that ends a marital relationship between two people. In Kentucky, couples can pursue a no-fault divorce, meaning neither spouse must prove that the other did anything wrong. The marriage must just be “irretrievably broken.”
Divorce typically involves:
- Division of property and debts,
- Decisions about child custody and financial support for children, and
- Potential spousal support.
At the end of the divorce process, a judge issues a divorce decree outlining each former spouse’s legal responsibilities and rights.
What Is Annulment?
An annulment declares that a marriage was never valid, meaning the marriage never legally existed. Yet, the court may still address issues related to the relationship, such as:
- Division of debts and assets,
- Parenting responsibilities and custody, and
- Financial support for children.
You cannot request spousal support in an annulment. Since you were never married, you are not entitled to support. In addition, you can only annul a marriage if it is “void” or “voidable.”
Void Marriages
Under Kentucky law, void marriages include those involving:
- Spouses more closely related than second cousins,
- One spouse who is already married,
- More than two people, and
- Failure to meet the legal requirements of marriage.
Such marriages are void from the start, meaning they are illegal now and when the marriage occurred.
Voidable Marriages
Voidable marriages in Kentucky include those involving:
- Fraud or coercion,
- Threats or force,
- Incapacity or intoxication that prevented understanding of the act of marriage,
- Underage marriage, or
- Lack of consummation due to a physical condition the other spouse was unaware of.
Generally, you make a voidable marriage legally valid by continuing to live with the other person as a married couple after discovering the issue that could justify annulment. Depending on the circumstances, you have 90 days to 1 year to request a marriage be declared void following discovery of the voidable act.
Comparing Annulment vs. Divorce
While both options end a marriage, in terms of the benefits of annulment vs. divorce, the differences between the two can be significant:
- Legal effect. An annulment declares that a marriage never existed. Divorce legally ends a marriage.
- Grounds required. An annulment requires proof that the marriage was legally flawed in a specific way, such as fraud, coercion, or bigamy. A divorce only requires proof that the marriage is irretrievably broken.
- Timeframe for filing. You often have to request an annulment within a limited period after the marriage begins. You can get a divorce at any time during the marriage.
- Annulment vs. divorce cost. Although annulments and divorces may involve the same issues, costs can vary based on case complexity. Annulments often follow shorter-term marriages, lowering the chances that separation will be overly complicated.
- Spousal support. Spousal support (alimony) is not available in annulments.
Ultimately, annulment can be a good option for individuals who have not been married long. Yet, you can divorce for any reason, making it more practical for long-term relationships or those involving shared property, children, or finances.
Frequently Asked Questions
Why Would You Get an Annulment Instead of a Divorce?
You might seek an annulment if your marriage was never valid under Kentucky law and you want to erase the relationship between yourself and your current spouse. Also, some religious traditions view divorce, but not annulment, as morally objectionable. While legal annulment differs from religious annulment, some may still pursue legal annulment for religious reasons.
Why Is Divorce Better Than Annulment?
While divorce and annulment are both good options depending on the circumstances, divorce can be better for some. You can get a divorce without having to prove you fall into a set of limited legal categories, and you can request spousal support.
What Is the Most Common Ground for Annulment?
The most common ground is fraud or misrepresentation. This may include situations where a spouse hid essential facts such as being unable to have children, having a criminal record, or being in serious debt.
Talk to a Kentucky Family Lawyer Who Understands
Understanding the difference between an annulment vs. a divorce can help you decide whether you qualify for annulment and, if so, whether it would better serve your goals than a divorce. At the Law Office of Pamela Bratcher, we offer over 30 years of experience handling family law issues and a lead attorney who personally handles each case. Contact us today for a free consultation.
Resources:
- Degree of relationship that will bar marriage, Ky. Rev. Stat. Ann. § 402.010 (1946), link.
- Other prohibited marriages, Ky. Rev. Stat. Ann. § 402.020 (2018), link.
- Courts may declare certain marriages void, Ky. Rev. Stat. Ann. § 402.030 (2018), link.
- Marriage—Court may declare invalid, Ky. Rev. Stat. Ann. § 403.120 (1972), link.
- Marriage—Irretrievable breakdown, Ky. Rev. Stat. Ann. § 403.170 (1978), link.
- American Bar Association, Annulment (December 2020), link.