Under Connecticut family law, a marriage can be dissolved through divorce or annulment depending on the circumstance. Although they follow similar court proceedings and provide the same result, there are some fundamental differences between the two. If you’ve decided to separate from your spouse, you’ll need a clear understanding of how both options work before you can determine which to file. Below is an overview of their unique characteristics. 

Which Is Best for Your Situation?

Divorce 

Connecticut offers fault-based and no-fault divorce. With a fault-based divorce, the separation must be based on one of the legal grounds accepted in Connecticut, such as adultery, willful desertion, intolerable cruelty, and imprisonment for certain crimes. With a no-fault divorce, on the other hand, the couple can simply state that their marriage is irretrievably broken without having to prove in a family law court that one spouse caused the relationship to end. Regardless of the circumstances, when a couple decides to divorce, they can either litigate their case in court or choose an alternative dispute resolution, such as mediation, to reach a settlement on their own. The outcome of a divorce is a decree that states the marriage is terminated.

Annulment 

While divorce ends a legally valid marriage, an annulment declares a marriage void, as if it never existed to begin with. Spouses can only request to annul a marriage under limited circumstances, which are vastly different from the grounds recognized for a divorce. Connecticut family law courts may grant an annulment due to bigamy, the parties being closely related or under the age of consent, mental incompetence, fraud, or a defect in the marriage ceremony. To get an annulment, the case must go through a court proceeding to prove the basis for the complaint. If an annulment is issued, a judge will divide the couple’s marital assets and debts and rule on child custody and visitation in the same manner as a divorce.

Whether you’re seeking a divorce or an annulment, consult a family law attorney before moving forward. At The Law Office and Mediation Center of Jeannine M. Talbot, you’ll receive sound advice and guidance from a legal professional with more than 20 years of experience and a proven track record of success. This skilled attorney is dedicated to advocating on behalf of residents throughout Litchfield County, CT, and will work to resolve sensitive family law disputes in the least stressful way possible. To arrange a meeting, call (860) 482-9004, or visit her website to learn more about her services.