Professional Documents
Culture Documents
Here we examine the differences in the legal concept of divorce and annulment in the first
part of our three-part series on divorce titled Deeper Dive: Understanding Legal Divorce.
Bigamy-one spouse was married to someone else at the time of the marriage.
Incest-after marriage, the couple discovers that they are close relatives to each other.
One spouse defrauded the other- an example would be when one spouse is proven to have
lied and instead intends to use the marriage to obtain some sort of nefarious gain.
The husband was impotent, and the other spouse did not know of this condition before the
marriage.
Burden Of Proof
It is said that one party bears the burden of proof when the law places the responsibility of
proving the grounds for legal action on that party. Typically, the person seeking a change
in a legal relationship, such as a marriage, bears the burden of proving that the
change is justified. It is the responsibility of the spouse seeking an annulment to prove that
one of the foregoing grounds exists. Without enough evidence in favor of the existence of
adequate grounds (higher than 50/50 likelihood), an annulment will not be granted.
As for a covenant marriage, a type of marriage available only in Arizona, Arkansas, and
Louisiana, both spouses promise they will participate in counseling before filing for divorce
and agree to a longer waiting period before the divorce is legally final. As is the case with an
annulment, it is the responsibility of the party seeking to dissolve a covenant marriage to
prove that sufficient grounds exist to justify dissolution.
There is no burden of proof needed for the dissolution of a no-fault divorce. All that is
required is that one party simply wants a divorce.
Learn more about service of process for divorces here.If you are unsure or have
questions, please contact us for more information on service of process for divorce.
The Final Steps Of Legally Terminating A Marriage
In a divorce, both spouses will be required to disclose any and all information regarding
combined and personal assets, liabilities, income, and expenses. If uncontested and spouses
agree on the terms of the divorce, all that will be left to do is the filing of legal documents and
paperwork. Once the court enters the final judgment, the marriage is legally terminated or
dissolved--given the state's waiting period. However, if spouses cannot come to an
agreement, arbitration or a trial will occur. This, of course, would be the last resort, and the
need for legal counsel is greatly heightened.
In the instance of a legal annulment, a judge can refuse to grant the annulment, but a
refusal to grant a no-fault divorce is almost unheard of. In an annulment, issues such as child
custody and child support must be resolved in much the same manner as they are in a
divorce. Generally, in an annulment, neither party can claim spousal support. Additionally,
property division is radically different in an annulment than in a divorce. Instead of applying
the governing divorce principles of community property or equitable division, the court tries to
leave each party in the same position they were before the wedding was held.
Paul Simon was right -- there are, indeed, “50 Ways to Leave Your Lover” -- 51 if you include
the District of Columbia. Although divorce laws, including those regarding service of process,
the process by which your spouse is notified of the divorce proceedings, are broadly similar
across the various states, significant differences remain. As would be with any legal
agreement, consideration, and thought are sincerely advised. It is highly recommended to
obtain the advice of legal counsel in regards to your local laws.
For more specifics on service of process for the dissolution of a marriage, check out our
guide on service of process for divorce or part 2 and part 3 of this series, which break
down regulations and rules on this very topic state by state. If you have questions about
service of process or are interested in obtaining service of process contact ABC Legal
Services here.
The information on this page does not constitute legal advice and is for general, informational use. Due to the
changeability of laws, the information on this page may not reflect the most recent local laws. Always consult current legal
and civil codes in your area for the most accurate information.
WRITTEN BY
ABC Legal Team
ABC Legal is the nation’s leading service of process and court filing company and is the official
process server to the U.S. Department of Justice.