Is it better to seek an annulment or divorce?

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Is it better to seek an annulment or divorce?

I have been married for 7-8 months. We recently purchased a home with money from my father. We signed a prenuptial agreement. I am not sure if it is better for us to seek an annulment or divorce.

Asked on August 25, 2011 California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no easy or one-size-fits all answer. It depends on your individual economic circumstances (who owns more? who makes more? Who might support home? etc.) and also on the terms of the pre-nup. You should consult with a divorce or matrimonial law attorney, who can evalute your situation and the agreement. Note, though, that annulment may not be an option: technically, annulment is only granted if there was incapacity to marry (e.g. already married; below age of consent; mentally incompetent) or there was fraud in the marriage (e.g. lied about wanting or being able to have children). Unless the right circumstances are present, you may not be able to annul, though you may always divorce.


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