[News & Comments] Annulment of Marriage? divorce? What is the difference?

Annulment of Marriage? divorce? What is the difference?

It has been reported that famous Hollywood actor Nicolas Cage has filed for annulment after four days of marriage. Many people can’t help but feel sorry for Nicholas Cage, who was once loved as a “Kesseobang”. Moreover, attention is focused on the reason for the annulment as this was Nicholas Cage’s fourth marriage. While some media reports that this breakup is an application for annulment, other media use the term divorce, so there is confusion, but from a circumstantial point of view, the application for annulment is more weighted. So, what is the difference between filing an annulment and divorce in the United States?

The word meaning of divorce is “separate marriage”. This means that the marriage is legally finalized and each spouse reverts to a single status where they can remarry.

In contrast, an annulment is a legal process that annuls the marriage itself. If the process of acknowledging the marriage and finalizing the marriage is a divorce, the application for annulment is a process of denying the existence of the marriage and completely erasing the marriage record.

Many people prefer to file an annulment over divorce because it erases the marriage record itself. However, unlike divorce, which anyone can file, no one can file for annulment. The condition must be met. If so, what are the conditions under which marriage annulment can be filed?

Each state has different conditions for filing an annulment, but many states accept the following reasons as a condition for filing an annulment.

Loyalty – if either spouse was already married to another person at the time of marriage
Forced Consent – When one of the spouses is forced into marriage by coercion and intimidation.
Fraud – when one of the spouses consents to marriage based on the lie or misrepresentation of the other.
Marriage Prohibited by Law – In case of Incest Prohibited by Law
Mental illness – if either spouse was mentally ill or emotionally disturbed at the time of marriage
Mental incompetence – if either spouse was under the influence of alcohol or drugs at the time of marriage, preventing them from thinking normally.
Physical Impairment – When either spouse does not have the physical/sexual capacity to sustain a marriage.
Minor Marriage – When either spouse is married as a minor without parental consent or court approval.
Nicholas Cage claims he was intoxicated at the time of marriage. In other words, it is understood that the application for annulment of the marriage was filed on the grounds of mental incompetence.

Although it varies from state to state, there is generally no time limit for filing an annulment. However, as time passes, the probability that the application for annulment of marriage will be accepted will decrease. Therefore, if you are wondering if an annulment application applies to you, we recommend that you contact an experienced family law attorney as soon as possible.

If you have any further questions regarding the application for annulment of marriage, please contact us at mail@songlawfirm.com.

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