Can I Get an Annulment Instead of a Divorce?

If you have reached the point where you are considering ending your marriage, you may wonder whether an annulment is a viable option for you rather than a divorce. At Inner Vision Legal, we can help you understand these legal options. Both processes have distinct implications and serve different purposes, so it is important to understand the differences between them before pursuing one or the other. 

How Annulment Differs From Divorce

Although annulment and divorce both ultimately result in the dissolution of a marriage, their legal effects differ.

• Annulment declares that the marriage was void from the beginning. It is as though the marriage never legally existed.
• Divorce legally ends a valid marriage, dividing assets, resolving custody issues, and terminating marital obligations.

Both processes can address issues such as child custody and property division, but their foundational basis is different. Generally, annulments require specific grounds (often related to the original validity of the marriage) that do not apply to divorce.

Grounds for Annulment in Oklahoma

Oklahoma law recognizes certain conditions under which a marriage can be annulled. These fall into two (2) categories:

Void Marriages

These marriages are illegal and considered void from the start. They include:

• Incestuous relationships: Marriages between close relatives.
• Bigamy or polygamy: When one spouse is already legally married to someone else.

Voidable Marriages

Voidable marriages can be annulled if they meet certain specifications. Grounds for these include:

• Being underage: If either spouse was under the legal age to marry.
• Mental incapacity: If a spouse was unable to consent to the union due to mental limitations or incompetence at the time of marriage.
• Fraud: False claims or deceit, such as lying about pregnancy or intent to gain immigration benefits.
• Recent divorce: If a spouse entered into the marriage within six (6) months of a prior divorce.

Legal nuances in annulment cases mean that any ongoing cohabitation after discovering these issues could invalidate eligibility for annulment. For example, if an underage spouse continues the marriage after turning eighteen (18), the marriage will no longer be voidable. Consulting a legal professional is essential to clarify whether annulment may apply to your particular circumstances.

Why is Consulting a Family Law Attorney Worthwhile?

Seeking an annulment involves complex legal processes and presenting evidence to prove the grounds for annulment. A family law attorney can:

• Provide clarity about annulment eligibility based on Oklahoma law.
• Assist in gathering and presenting evidence for the court hearing.
• Help decide if divorce may be a more appropriate solution in your circumstances.

Due to the complicated nature of annulment procedures, it is critical to seek professional, personalized legal advice to protect your rights.

You Can Take Charge of Your Next Steps

Deciding between annulment and divorce can be confusing, but understanding the differences and the legal grounds for each option can serve as a good first step. A family law attorney can guide you in making informed decisions that are best for your situation.

At Inner Vision Legal, our experienced team offers compassionate guidance to help you take control of your future. Contact us today to schedule a consultation and start finding the right solution for your circumstances.