It’s a rather common fact that sometimes, for one reason or another, marriages just don’t work out. For some people, the realization that a marriage is ultimately bound to fail comes only after years of trying to make it work. However, some people are able to tell right away that for them, marriage, was a mistake. While most marriages can only be terminated via standard divorce proceedings, some marriages – especially those that are shorter in nature – might be eligible for annulment.
Rusty Applegate is a South Carolina attorney who has been practicing family law for more than 30 years, and in his experience, requests for annulments of marriages aren’t uncommon. However, he tends to find that the majority of people who come to him requesting annulments do not actually qualify for such action under the law. The interesting thing is that people tend to have certain misconceptions about the array of benefits that come along with getting a marriage annulled instead of going through a divorce. In reality, an annulment is not exactly a walk in the park, and the benefits of annulment might not be as vast as one would otherwise think.
Contrary to what many people might believe, getting an annulment is not necessarily cheaper than getting a divorce. In fact, an annulment can actually be more complicated and more expensive than a divorce depending on the circumstances at hand. Since there are only limited legal grounds for an annulment, those wishing to pursue this option are often forced to hire attorneys to argue their cases. Furthermore, annulments are similar to divorces in that they require their fair share of paperwork. Therefore, attorneys are often needed to represent clients during annulment proceedings as well.
While the cost of an annulment might be comparable to that of a divorce, there are a couple of benefits to getting a marriage annulled. The first advantage of annulment is that helps terminate your marriage in a shorter amount of time. According to South Carolina law, a mandatory one-year separation period is required before a couple can qualify for divorce (barring certain circumstances such as adultery or violence, under which the waiting period is waived). Annulments, on the other hand, can be filed immediately, thereby bringing an unwanted marriage to a close much more quickly.
The second benefit of getting an annulment has to do with social status. In the eyes of many, the societal ramifications of an annulment are different from those of an actual divorce. Put simply, some people don’t want to walk around with the stigma of having been divorced and would prefer to simply have their marriages annulled. This way, from a technical standpoint, such people could claim to never have been married. While this line of thinking does hold some logic, in the social and dating world, it’s important to consider the fact that such a statement might only get you so far. Getting an annulment to avoid having to mention your previous marriage is not exactly the most open and honest way to approach a future relationship. And although it might make you feel better to claim that you’ve technically never been married, in the eyes of a potential new mate, the knowledge that your previous marriage was annulled might ring just as strongly as the fact that you were once married and are now divorced.
While there are certain benefits to getting an annulment instead of a divorce, it’s not always the smartest path to take. For this reason, it’s a good idea to consult a trusted and experienced family law attorney before deciding which means of marital termination you ought to pursue. If it turns out that you either don’t qualify for an annulment, or that an annulment isn’t your best bet, then don’t worry. Everybody makes mistakes, and whether your marriage is ended via annulment or divorce, all it takes is the proper attitude to truly move forward.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
