Annulment and divorce are both common options for ending a marriage in Indiana. Read this blog to learn about the differences and which is best for you.
06.28.2018
The Difference Between Annulment and Divorce in Indiana
If you are ending your marriage, you may be wondering about the different options available to you. Annulment and divorce are both common options available in Indiana.
Divorce is more common than annulment in Indiana because annulment has strict requirements. On the other hand, divorce is attainable for anybody who can demonstrate the marriage is irrevocably broken.
If you are considering divorce but believe that annulment could be an option, read on to learn more.
Indiana Divorce
After a divorce, the marriage is still considered to have legally happened. Divorce occurs when one or both parties determine that they wish to end a marriage.
The requirements for divorce in Indiana include irretrievable differences in the marriage, post-marriage felony conviction, impotence, and insanity. If both parties agree to be divorced, the court will typically not argue against the dissolution of the marriage.
Divorce involves the division of assets that came out of the marriage. In a divorce, the court will determine an equitable method of distributing assets. The court also determines issues regarding alimony, child custody, and child support.
Indiana Annulment
An annulment dissolves a marriage in such a way that the law doesn’t acknowledge the marriage as ever having existed. In Indiana, this is considered a void marriage.
The grounds for annulment in Indiana include one or both parties being minors at the time of the nuptials or a mental inability to consent to marriage in the first place. Marriages obtained by fraud or involving individuals deemed not of sound mind can also be annulled.
If one partner was still married and the other party did not know, this is considered bigamy. As a result, the marriage will be annulled because it was never legal in the first place.
Individuals who are discovered to be related closer than second cousins are not legally allowed to marry in Indiana. Any marriages the state considers incestuous will be annulled by the court. Children resulting from the marriage may still be considered legitimate.
Division of property may become more difficult for the courts to determine in cases of annulment. Each case is a bit different in this regard, and you may need to come back to court to determine property division.
Even if a marriage is annulled, a court date will be needed to determine child custody, visitation, and support for any resulting children.
In most cases, annulled marriages in Indiana do not require a long trial. In most cases, each party must bring in the relevant documentation to demonstrate why the marriage should be annulled. One example might be a birth certificate or medical records.
An annulment can be challenged in court. For instance, an individual who discovered fraud but did not immediately leave their spouse may not provide a compelling case to the judge.
Indiana Annulment and Divorce Paperwork
In order to file for an annulment, you must file paperwork titled “Petition for Annulment” with your county’s superior court. If both parties are amenable to an annulment, you can file a document titled “Agreed Annulment.”
The documents for filing for divorce are available on the Indiana Judicial Branch’s website. You can download documents for divorce with children and divorce without children.
Indiana Divorce Lawyers
No matter which option you are considering, you should discuss your case with an attorney first. Your lawyer will help you analyze your options to determine if one is advantageous to you.
Call The Law Office of Travis Van Winkle LLC today to learn more about your divorce and annulment options. Ending a marriage is never easy, but we strive to make it as simple as possible through a wealth of resources. Make the call today to set up a consultation.