To put an end to a marriage officially, you have two options: annulment or divorce. Annulment law basically states that you can, under certain conditions, cancel a marriage. Legally, the marriage is said to have never have existed and was never valid. A divorce is the legal end of a marriage. The marriage is on the books as having existed, but it is also on the books as being over.
A marriage can be annulled only if the person who wants the marriage over has grounds to say it was invalid and can prove them. Bigamy is one such ground for an annulment: Here, one or both of the spouses must have been already married to another person at the time of the marriage. Being forced into a marriage or entering into one under distress is also grounds of an annulment.
Fraud is another reason for annulment. If one of the spouses lied or misrepresented themselves when entering into the marriage, it can then be annulled. Additionally, if the marriage is not allowed by law, such as incestuous marriages, being too young under law or not having parental consent, it can be annulled.
Other grounds for an annulment include: mental illness or drug or alcohol use at the time of the wedding or if either you or your spouse is physically unable to have sexual relations with your spouse.
Divorce generally involves not only the legal ending of a marriage, but it also involves the dividing of assets and the settling of debts. If there are children, custody is also arranged, as well as visitation rights and financial support like alimony and child support.
One can have a "no-fault" divorce or a "fault" divorce. In a "no-fault" divorce, neither spouse is said to be guilty or the cause for the dissolution of the marriage. In a "fault" divorce, one party takes the blame for the divorce. Fault could be placed if one spouse cheated on the other.
However, a "fault" divorce is granted only if it can be proven and if there are appropriate grounds. These grounds vary according to the state, but they may include the following: drugs or alcohol abuse, gambling or chronic mental illness. Common grounds for divorce include adultery, desertion and physical or emotional abuse.
Keep in mind that the grounds for a legal annulment may be different from the requirements for an annulment within the Catholic church. If you receive an annulment from the Catholic Church, you will be able to remarry within the church. You will need to consult with your church to find out if you can be granted an annulment.
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