In this video, Divorce Lawyer Duluth David Ward answers, "What is the Difference Between a Divorce and an Annulment?"
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This is Dave Ward from the Ward Law Firm and I help protect the business owner who's facing divorce. In this series we are talking about the three questions I am asked most frequently as well as the four questions that people should be asking when they sit down with an Attorney. Right now we are on question number 2. Question number 2 is; What is the difference between a divorce and an annulment?
Frequently when people contact my office, I first ask questions about whether or not they can get an annulment because there is a perception that an annulment is better than a divorce. In some respects, it can be usually for religious reasons.
The difference between divorce and an annulment has to do with what it is the court is actually deciding. In the case of the divorce, the court is ruling that a valid marriage is going to be dissolved and the parties are going to be treated as though they are no longer bound by the bonds of marriage. So that is a divorce.
An annulment, by contrast, is a determination by the court that a divorce is not necessary because the marriage itself never actually existed. In other words, it was void right from the beginning.
Some of the grounds for that we talked about a little bit in our first video because there can be grounds for both divorce or an annulment. The example would be a marriage that is procured through fraud upon one of the parties. In that case, fraud as a general rule is a defense in a case that involves a contract in marriage is treated by law a contract between the two parties. So that can actually be one of the grounds to cert for an annulment if that's what it is you are choosing to seek. As a practical matter, it is interesting to note that Georgia like virtually all other states, does not favor annulments and the court is going to view a request for an annulment with a very, very, skeptical eye.
There are reasons for that and there are actually circumstances where you cannot get an annulment even if you otherwise qualify. An example of that is if children were born during the course of the period of time that the parties thought that they were married, even it turns that marriage was void for some technical reason or procured through fraud, etc the state of Georgia is not going to allow that to be treated as an annulment. They are going to require that you go through the divorce process. That is some of the differences.
There are many, many more differences between a divorce and an annulment. But the big overarching one has to do with what the courts deciding that is are we dissolving an otherwise valid marriage or are we making a deceleration that no marriage actually ever actually existed. Again I am David Ward from the Ward Law Firm and I help protect the small business owner in divorce.
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Whether your divorce involves asset and debt division, financial support, or child custody, the mental and emotional toll can be overwhelming. Having a complete and honest assessment of what to expect throughout the divorce process substantially reduces the doubt and uncertainty that many people experience. Gwinnett County divorce attorney David Ward has the experience to know that even the most complex issues have solutions, and he fights to ensure that your best interests remain the focus.
It is vital to pursue legal matters carefully and consciously with an experienced family lawyer like David Ward who will guide and keep you informed as your case progresses. Unlike most divorce lawyers in Gwinnett County, David Ward has a strong background in finance and accounting. He uses his deep understanding of finances to tackle complex situations regarding property and asset division.
Contact a divorce attorney Duluth or a Gwinnett County family law attorney today at 770-383-1973 to schedule your REAL Case Analysis.
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