Is it better to seek an annulment or divorce?

UPDATED: Aug 25, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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