Marriages can end in different ways. When most people think about ending a marriage, they think of divorce. However, annulment is another way to end a marriage. Annulment is usually a quicker process than divorce and has a different impact.
Difference between Divorce & Annulment
Before delving into the specifics of the process, it's essential to understand the critical distinction between divorce and annulment. An annulment is a declaration that asserts the marriage was never valid and, therefore, never truly existed. On the other hand, divorce is the formal ending of a valid marriage. This difference is critical. While both processes result in the termination of a marriage, they have different legal implications.
Grounds of Annulment in Arkansas
An annulment applies only in specific situations and can only be obtained if the party seeking the annulment can cite particular grounds. In Arkansas, there are four separate grounds on which a person can seek annulment:
1. The marriage involved duress or coercion, and without that duress or coercion, it would never have occurred.
2. One or both parties lack the physical capability to carry through with the marriage, for example, if the male is impotent.
3. One or both parties lacked the intellectual capability to comprehend the marriage, i.e., one of the parties is under guardianship, and their guardian did not approve.
4. Either of the parties was unable to enter the marriage legally because of their age.
In essence, marriage is like a contract; an annulment is possible when the underlying marital contract is fundamentally flawed. For instance, ground (1) relates to the parties' ability to accept the terms, ground (2) addresses agreement on the terms, while grounds (3) and (4) relate to the elements of capacity and legality, respectively.
The Annulment Procedure
Getting an annulment is relatively straightforward, but the challenging part is providing evidence to support the reasons for seeking an annulment. To start, the person asking for the annulment (the plaintiff) files a Petition with the court, providing basic information about the parties and the grounds for the annulment. The defendant must then be adequately served with the petition. The plaintiff must then substantiate the claims made in the initial complaint. If the plaintiff's case convinces the judge, they can issue a formal declaration that effectively voids the marriage as if it never occurred. The couple will then need to address the consequences of the annulment, such as dividing property and possibly providing alimony.
Contact the Davidson Law Firm for More Information
The process of seeking an annulment can be complicated as many factors must be considered. It's essential for those seeking an annulment to consult with an experienced family law attorney before starting the process.
For more information, please get in touch with the Davidson Law Firm today at 501-374-9977.
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