Family law in most states offers a few options for ending a marriage, including divorce and an annulment. While there are some similarities between the two, an annulment completely cancels the marriage, as if it were never valid in the first place. Understanding the difference and the criteria for the latter will help you make the right choice for your family.

What to Know About Annulment

How is it different from a divorce?

In a divorce, family law gives each spouse certain rights, entitling both parties to a share of the marital property and possibly spousal support. However, an annulled marriage is essentially declared invalid, so neither spouse has a responsibility to the other.

Can anyone get an annulment?

Each state strictly limits when an annulment will be granted. In Nebraska, for example, courts will only annul a marriage if it was against the law, either party was married during their wedding, or either spouse was mentally ill or impotent at the time of the union. You may also ask for an annulment if you were threatened or defrauded into the marriage.

How is property divided in an annulment?

In a divorce, courts try to divide the marital property so that each spouse gets a fair share of the assets. However, because annulments typically take place shortly after the marriage, judges will usually try to restore each spouse’s prior financial state.

Does an annulment affect child support payments?

Children have a right to the financial resources of both parents, regardless of their marital status. If the couple had a child together before or during the marriage, an annulment won’t affect the noncustodial parent’s obligation to pay child support.
 

If you’re planning a divorce or considering filing for an annulment, the attorneys at Reagan, Melton, & Delaney LLP have the family law experience and resources to guide you through the system and fight for your rights. For over 15 years, they’ve dedicated themselves to providing high-quality representation to clients throughout Lincoln, Omaha, and the surrounding areas, dealing with a wide range of difficult situations. Visit their website for an in-depth look at their family law services or call (402) 476-6585 to reach their office in Lincoln. To schedule a consultation at their Bellevue office, call (402) 932-9494.