When a couple decides to end their marriage, they have two options: annulment or divorce. An annulment is a legal process that declares a marriage null and void. This means that, from a legal perspective, the marriage never actually happened. There are specific grounds for an annulment, and it must be granted by a court. A divorce, on the other hand, is a legal process that dissolves a valid marriage.

It is important to understand the differences between these two processes before making a decision about which one to pursue. If you’re looking to have your marriage annulled, there are very specific factors that you must consider. No matter which path you choose, having a knowledgeable and experienced divorce attorney on your side will be extremely helpful. For services in the southeastern Wisconsin region, please contact Milwaukee Divorce Attorney Odalo Ohiku of The Ohiku Law Office for more information.

What is Annulment? 

An annulment is a legal process that not only ends a marriage, but renders it void in the eyes of the law. This means that, legally, the marriage never happened. There are very specific circumstances under which a court will grant an annulment, and many people who try to get their marriage annulled fail. To get an annulment, you must be able to prove that there were one or more of the following situations present at the time of the marriage:

• One or both spouses were under the legal age of consent at the time of the marriage. The legal age of consent in Wisconsin is 18, but a person can get married at 16 or 17 with parental permission, or under age 16 with the permission of a parent and a court of law. If it can be proved that a person was married while underage and without the proper permissions, their marriage can be annulled. One caveat is that the person must still be under the age of 18 when the annulment petition is filed for the marriage to qualify for annulment.
• One or both spouses were unable to consent to the marriage due to intoxication. This could mean that one or both spouses were under the influence of alcohol or drugs when getting married, or were coerced into the marriage through use of these substances.
• One or both spouses were forced or coerced into the marriage. In the eyes of the law, both spouses must consent to the marriage for a marriage to be valid. So, if one or both spouses were forced to marry, the marriage would be considered invalid and can be annulled.
• The marriage was never consummated through sexual intercourse. This one is pretty self explanatory. If it can be proved that the marriage was never consummated through sexual intercourse, there may be grounds for an annulment.
• The marriage is bigamous (one or both spouses were already married to someone else at the time of the marriage). Bigamy is illegal; a person who is already married cannot legally marry someone else. So, if one or both spouses were already married, the marriage can be annulled.

A successful case for annulment will likely include the need for evidence and witnesses that one or more of the above grounds is present. The petition for annulment must be filed within one year of the spouse/spouses becoming aware of one or more of the above situations.

What Makes Annulment Different from Divorce? 

The biggest difference between annulment and divorce is that an annulment means the marriage never happened, while a divorce means the marriage was legally legitimate but is now ended. In both situations, the spouses are free to move forward and marry other people but, after divorce, Wisconsin law dictates that the spouses must wait six months after divorce to remarry. If the marriage is annulled, there is no such waiting period.

What are the Implications for Child Support, Alimony, and Property Division?

When it comes to child custody and child support, Wisconsin courts follow the same procedures with an annulment as they would for a divorce. Annulment of a marriage that brought forth children does not absolve you of your responsibility to care for and provide for those children. So, you will still be on the hook for child support and/or go through the appropriate proceedings to determine child custody and physical placement arrangements.

In most cases, Wisconsin courts also treat issues of alimony and property division like they do in a divorce. Getting an annulment is not a way to avoid having to pay alimony or divide your property evenly, but there are additional considerations. It’s always best to consult with a divorce attorney like those at The Ohiku Law Office whether you’re considering annulment or divorce.

Learn more about the services of The Ohiku Law office by clicking here and contact us today with questions or to schedule a consultation.