Hiring a qualified annulment attorney is crucial if you are considering an annulment. An annulment attorney can help you with all aspects of the process.
An annulment wipes a marriage off the records as if it never occurred. This is different from a divorce, which ends the marriage.
Legal Issues
Annulment is a legal procedure in secular and religious systems for declaring marriages null and void. This is a different process from divorce, but the same principles apply.
There are several reasons that a marriage can be annulled. One reason is fraud or misrepresentation. For example, if a woman convinces a man to marry her to have children, but it later comes to light that she is not the father, this can be used as grounds for an annulment.
Another reason is mental incapacity. If you or your spouse have had an incurable mental illness for five years or more, this can be considered a valid reason to have the marriage annulled.
An annulment also avoids dividing assets and paying child support and alimony. This is a positive benefit as it saves you time and money.
Child Custody
When you get a divorce, one of the things that you and your former spouse will have to work out is who gets custody of the children. In most cases, the court will award custody to the parent who best meets the needs of the children.
There are several factors that a judge will take into consideration in making this decision.
For instance, each parent’s mental and physical health is essential. The court will also consider whether both parents can provide a stable environment for the children.
Other factors that can affect a judge’s decision include the availability of extended family members. Keeping siblings together is also essential.
Division of Assets
Regardless of the reason for your annulment, you need to hire an annulment attorney, like an annulment attorney NJ to ensure that all your assets are divided accordingly. This is especially important if you own property before the marriage and have no intention of divorcing.
After a divorce, however, these property rights become null and void and return to their original status.
If you have a significant amount of separate property, like a vacation home, you purchased before your marriage; it’s essential to ensure it is appropriately identified and divided. Your retirement accounts may also be considered separate property, depending on the circumstances.
Generally, courts determine asset distribution through equitable distribution and assign each spouse a percentage of the total value of the couple’s marital estate minus their debts. Typically, this will equal a 50/50 split between the spouses, but in some cases, the court might find that an unequal distribution is justified based on all relevant factors.
Divorce
Whether going through a divorce or obtaining an annulment, hiring a legal professional to help you through the process will significantly reduce your stress. They’ll know what paperwork to complete when it’s due and how to handle everything properly.
In addition, a qualified attorney can keep track of all your documents and help you find any issues that may arise. This can help prevent unneeded stress and possible errors from occurring, saving you time and money in the long run.
The main difference between a divorce and an annulment is that in a divorce, you seek a legal order from a court stating that the marriage has ended. In an annulment, you desire a legal declaration that the marriage was null and void (meaning there was no valid reason for the couple to be married).