When individuals find themselves in a failing marriage and desire a way out, divorce often comes to mind as the primary solution. However, in certain circumstances, annulment may be a viable alternative. Although obtaining an annulment in Indiana may not be as simple as obtaining a divorce, it is worth exploring this option if you are contemplating the termination of your marriage.
Understanding Annulment
An annulment is a legally recognized process that declares a marriage to be invalid from its inception. Unlike divorce, which acknowledges the existence of a once-valid marriage, an annulment declares that the marriage never legally existed.
Grounds for Annulment
To qualify for an annulment in Indiana, you must establish sufficient grounds that the court recognizes as valid. The following reasons may warrant an annulment instead of a divorce:
Fraud or Duress
If one spouse entered into the marriage under deception or coercion, an annulment may be possible. Fraudulent circumstances could involve concealing severe illness, criminal history, or addiction, while duress could encompass situations where one spouse threatened or coerced the other into marriage.
Underage Spouse
If either party involved in the marriage was below the legal age of consent, the union may be deemed void. In Indiana, individuals must be at least 18 years old to marry.
Bigamy
Should one spouse already be married at the time of the wedding, the subsequent marriage may be considered invalid. In Indiana, it is unlawful to enter into another marriage while still legally bound to another spouse.
Choosing between Annulment and Divorce
When contemplating the termination of a marriage, it is essential to understand the distinctions between annulment and divorce. While divorce dissolves the legal recognition of a marriage, annulment asserts that the marriage never legally existed. In an annulment, you must provide evidence that substantiates the invalidity of the marriage.
Moreover, an annulment may have different legal consequences compared to a divorce. For instance, dividing marital assets or determining spousal support may be less complex in an annulment as the marriage is considered nonexistent. However, matters such as child custody and support will still require resolution.
Consult with a Legal Professional
If you are contemplating the termination of your marriage and believe that annulment may be a viable option, it is imperative to seek guidance from an experienced family law attorney. Their expertise will help assess your situation and determine the most suitable course of action to safeguard your legal rights and interests.
In conclusion, annulment may be a valid choice in specific situations within Indiana. However, understanding the contrast between annulment and divorce and obtaining legal counsel will assist in determining the ideal approach for your unique circumstances.