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Handling Estate Battles With Grace

Hi, I am Ina Aldawen. Upon losing my mother at a young age, I was thrust into the world of estate lawyers in an instant. Although the process could have been a nightmare, I was lucky to end up with an accomplished and kind lawyer. The lawyer taught me all I needed to know about handling my mother's estate properly. I escaped the situation unscathed and with my relationships intact. Although I hope to never have to deal with that situation again, I at least know enough to get through it without too much stress. I built this site to share this knowledge with you in an attempt to help the world deal with estate situations better. Losing a loved one should never include a legal battle over belongings and funds. Unfortunately, it often does, so it's best to stay prepared. Come by often to learn more.

Consider An Annulment Instead Of A Divorce For A Short Marriage

13 April 2015
 Categories: Law, Blog

Your marriage quickly turned out to be a mistake and the two of you have already decided to get a divorce. Another option that may interest you if the marriage didn't last long is a legal annulment. This effectively erases the marriage rather than ending it. Many people don't know that annulment is not just an option for members of certain religious faiths. It also is a civil court procedure. 

Advantages of a Civil Annulment

A main advantage for many people involves reverting back to their previous financial state and not being legally required to divvy up all assets. The situation is more complex if the two of you bought real estate or a high-end vehicle together. States with community property laws generally require an equal split of these assets, while others have the court decide on a fair distribution if you and your spouse can't agree. 

You also don't have to split your pre-marriage debt equally. However, you will split any debt either or both of you took on since the wedding, just as would be the case in a divorce. Most states have protective laws for spouses when a marriage of many years is annulled, so this financial advantage typically only applies to a short marriage. 

A second advantage is that getting an annulment is generally a faster process than waiting for a divorce to be final. 

Grounds for Annulment

Filing for divorce does not require any grounds. Filing for annulment does, however, and the acceptable grounds vary by state.

You might use grounds such as one or both of you being of unsound mind when you got married. Another possibility would be to use concealment, misrepresentation or misunderstanding of a factor integral to the marriage. An example would be a man not revealing until after the wedding that he had already had a vasectomy. Another would be one partner not telling the other about a previous marriage, a child or a felony conviction. 

What Can You Do Now?

Contact a divorce lawyer for a consultation about the annulment process. It's possible to obtain an annulment without a lawyer, but you'll have better peace of mind knowing you have professional legal representation to protect your rights. In addition, the attorney will know the relevant laws and how they apply to your situation so you don't make any missteps. 

Don't wait if you're certain you want to proceed. Some states have time limits on how long you can be married and use certain types of grounds for annulment.