Annulment v. Divorce: What’s The Difference?

Annulment v. Divorce: What’s The Difference?

Child Support Attorney

Getting an annulment is not the typical way to rid oneself of a spouse. There are few circumstances that warrant the Court granting an annulment, and you will most likely need to pursue a divorce. 

Obtaining an annulment requires meeting certain criteria such as bigamy, undue influence, lack of consent, and lack of mental capacity. If your situation does not fall into these categories, you will need to get a divorce.

A divorce, on the other hand, is the most common way to relieve yourself from an unhappy or dysfunctional marriage. In order to break the bonds of matrimony, you will need to live separately and apart from your spouse for 1 year and 1 day, then call an attorney on the 366 days if you don’t already have one on retainer.

What is the Process for Getting a Divorce?

The first step to getting divorced is separating from your spouse. Separation for the purpose of divorce means that you and your spouse must live separately and apart from one another for one year with the intention to remain separate and apart indefinitely. If you move back in together and attempt reconciliation, this will restart the clock back to zero days.

During the separation period, some families either want to get things settled or it is required to prevent child custody and child and spousal support issues. If you and your spouse settle things prior to the divorce date, then you will be good to go as long as each of you complies with the separation agreement and property settlement you signed during the separation period.

Other times you will get pushback from your spouse on property settlement, child custody and support, and spousal support, among many other things. The more pushback you give or get, the longer and more complicated things can be, as well as costly! Being unwilling to cooperate makes it difficult to settle your case.

If there is an agreement between the spouses, or a court order requiring child support or spousal support, you and your spouse or ex-spouse must adhere to the requirements. Failure to do so will result in additional legal issues and penalties.

My Ex Owes Child Support and Refuses to Pay, What Should I Do?

If there is a court-ordered child support arrangement, and your ex falls behind on payments or refuses to make the payments, you will most likely need an attorney’s help. An attorney will file the appropriate documents asking a judge to compel compliance, or in other words, make them pay. The decision of the judge will be dependent on the reasons and circumstances behind the lack of compliance and your ex’s current financial situation. Best case scenario: you will get the money you are owed, and the issue will be resolved.

If you or someone you know needs help with a child support situation, we recommend speaking with a top-rated child support attorney such as the attorneys at Garrett, Walker, Aycoth & Olson, Attorneys at Law as soon as possible. You want to work with a law firm that helps clients with family law cases including divorce, child custody, and child support.

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