The difference between divorce and annulment in Oklahoma is huge. Suppose you and a special someone get married. You’re in love and happy until, suddenly, you’re miserable and ready to leave. You decide that it’s best if you two separate. Only, you’re not sure how to go about it. Do you get an annulment or a divorce? Is there a difference? If so, how will this difference impact your life moving forward? If you’re married in Oklahoma and contemplating separating from your spouse, you should speak with a family law attorney. The difference between the two is significant with an annulment not available to everyone in all circumstances.
Annulment Requirements in Family Court
The decision to marry is a serious one. Courts don’t take separation lightly. In fact, Oklahoma only allows you to get an annulment under very specific circumstances. You see, when a marriage is annulled, it becomes null and void. It’s as though the marriage never existed in the first place. That’s because, typically, people seek an annulment when they married under some form of fraud, manipulation, or where they didn’t have the mental competence or awareness to agree to the marriage. In every case, unlike a no-fault divorce, an annulment is filed for cause and it must be approved by the court.
Now that you know what an annulment is, you should also know that there are two types of annulments: void and voidable. A void annulment is just that—a marriage that’s not respected in the
eyes of the law. For example, an incestuous union is void. A voidable marriage, however, is a marriage that the law honors, but it is also one that the parties involved can choose to waive if they meet certain criteria.
Some reasons a court may grant you a voidable annulment include:
· Being under 18
· Mental incapacity
· Sexual incompetence
· One partner remarried within six months of a prior divorce
Voidable annulments are a bit complex. A voidable marriage is one in which what ever the defect in the marriage is it will be remedied with the passage of a specific occurrence. that For example, if a couple married at, say, 16 and sought an annulment, they forfeit this right if they continue to live together for some time after they turn 18. After that period, they’d have to file for divorce if they later wanted to break up.
Divorce in Okmulgee County
On the other hand, divorce acknowledges that a valid marriage or common law marriage once existed. Its much easier to get than an a judge is likelier to grant alimony in a divorce. In fact in a divorce you don’t need a reason to file for it. Its simple, a no fault divorce only requires that one party wants it. The term used in a no fault divorce is irreconcilable differences. That means the other party to the marriage cannot stop you. But in either the case of divorce or annulment have certain requirements that may be impacted by whether or not there are children of the relationship or if there is property that needs divided.
Different Grounds For Divorce include
· No Fault Divorce
· Fault Based Divorce
· Abandonment for at least one year
· Felony conviction
· Habitual drunkenness
Okmulgee Family Lawyers on Your Side
Before you separate, you should consult knowledgeable Oklahoma divorce and annulment attorneys to know what’s best for you. After all, splitting from your partner is a serious endeavor. That’s why you want to choose a law firm you can trust. You want to choose a law firm with years of experience helping couples move forward rationally and amicably. That’s where we come in. The Kania Law – Oklmulgee Lawyers promise to work strategically and tirelessly on your behalf. You want to know all your rights and enjoy the best outcome possible.
If you’d like to learn more and take advantage of our free initial consultation, then give us a call at (918) 691-8083 or contact us online. We look forward to hearing from you.