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An annulment is a procedure that ends a marriage and treats the marriage as if it never existed. There are two types of annulment: a civil annulment, which is granted by the state, and a religious annulment granted by a church. Not all marriages can be annulled, and grounds for a civil annulment vary between states.
Annulment versus Divorce
Unlike a divorce, an annulment legally voids a marriage. To some people, this eliminates the stigma of divorce and makes it easier to remarry in a church, if they choose to do so.
Property and Children
Assets and marital property are not legally divided in an annulment. However, if children are involved, custody and child support must still be determined by the court system.
Grounds for Annulment
An annulment is granted in cases of mental insanity, bigamy, underage marriage without consent, incest, misrepresentation, fraud, concealment, or an inability or refusal to consummate the marriage. Cases of fraud, misrepresentation or concealment can include a criminal background, impotency or a sexually transmitted disease.
Duration
Generally marriages that are annulled last only a few weeks or months. Long-term marriages that are annulled typically contain provisions for child custody and support.
Religious Annulment
The grounds for a religious annulment are generally the same as in a civil annulment. This type of annulment is granted by a church instead of the court and is not necessarily legally recognized by the state.
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