The bond of marital relationship weakens as there is any unhealthy act or misconduct by the either spouses that might be in terms of poor communication, lack of commitments, children support, money, affair, adultery and so on. And thus the relationship can be practically smoothen and aromatized by uprooting its evils. Otherwise a meaningful disassociation could be a productive termination to such unpleasant marital relationship. There are two ways a marital relationship can be ended lawfully and that’s through annulment and divorce.
Divorce is the legal termination of a marriage. The tax benefits of the personal exemption claimed for a child are phased out as income increases. Thus only the lower income parent benefits from the personal exemption deduction. The party making an alimony payment can deduct it for tax purposes. The recipient reports it as taxable income. No gain or loss is recognized on a transfer of property incident to a divorce. Such transfers are treated as gifts, with the transferee taking the transferor’s adjusted basis in the property. The gain on the property is taxed only when sold.
Annulment is a legal invalidation of a marriage. It announces the invalidity of a marriage that was void from its inception. It is to be distinguished from dissolution or divorce. To justify, annulment, the marriage contact must have a defect [like incompetence of one party because of age, insanity or a preexisting marriage] Continued absence of one party may also justify annulment. Generally, annulment is easier if the marriage is unconsummated. Both secular law and Christina canon law have annulment procedures.
Difference between a divorce and annulment:
A divorce, which can only take place where there has been a valid marriage, means that the two parties are no longer husband and wife once the decree is issued. An annulment means that the individuals were never united in a marriage as husband and wife. Various religious have different methods for obtaining a church divorce, or annulment, but these procedures have no legal force or effect upon a marriage that complied with the requirements of law. Such a marriage must be legally annulled.
THE GROUNDS FOR AN ANNULMENT INCLUDE THE FOLLOWING:
-Consanguinity: The parties are first cousins or closer.
- Age: One party was under the age of legal consent.
- Mental incapacity: Due to intoxicating, narcotic substances or mental illness, one party was incapable of comprehending the nature and consequence of the ceremony.
- Fraud: Fraudulent representations and concealment of specific facts by one party that go to the essence of the marriage.
- Physical incapacity: Sexual incapacity of one party that was unknown by the other party. Fraudulent misrepresentation by the incapacitated party is unnecessary.
- Duress: Factors such as age, mental attitude, physical power and alleged applications by the force must be considered in determining whether one party was forced or coerced by the other party into marriage.
Generally, one who continues to cohabitate, one who ratifies and one who fails to bring a claim for annulment within 90 days may not assert a claim for mental incapacity, fraud, physical incapacity or duress.
THE GROUNDS FOR DIVORCE
- Desertion for one year.
- Habitual drunkenness or drug addiction for two years.
- An attempt to take the life of the other.
- Physical or mental cruelty.
- Conviction of a felony or other infamous crime.
- Infecting the other with a sexually transmitted disease.
No fault divorce is available if the parties have lived separate and apart for two years, or for six months by agreement, and irreconcilable differences cause the irretrievable breakdown of the marriage.
When it comes to dividing property, determining custody or child support, or other practical matters, there is little real difference between an annulment and a divorce. So unless one of you has an extremely strong religious objection to divorce, that is the best route to take. You don’t need to prove fraud or anything else – because every state allows no – fault divorce, you only need to say that you don’t get along.