Ending a marriage is a major life change that requires careful thought. In Utah, couples have two main ways to end their marriage: annulment or divorce. Both processes legally end the marital union.
However, they are different under Utah law. Understanding these differences is important for making informed decisions about your future.
The annulment process
In Utah, an annulment legally declares a marriage invalid ( or ‘null and void’), as if it never existed. Simply put, it’s like erasing the marriage from the record. Reasons for annulment in Utah underage marriage, close family relations or fraud. It could also be due to bigamy (being married to more than one person).
Like a divorce, an annulment involves filing a petition with the court, giving legal notice to your spouse, and attending a court hearing. However, unlike divorce, an annulment generally does not involve dividing property or awarding alimony. If there are children, the court may still address child custody and support.
The divorce process
A divorce acknowledges a valid marriage is now legally ending. In the state of Utah, a divorce can be granted for “no-fault” reasons (meaning the couple has irreconcilable differences) or for “fault” reasons (like adultery, abuse or abandonment).
A divorce proceeding brings to light important issues such as:
- Division of marital property and debt
- Decisions about child custody and support
- Whether one spouse will receive alimony (spousal support)
Unlike an annulment, a divorce recognizes that there was a valid marriage. It focuses on dividing the assets and responsibilities gained during that marriage.
Consider your eligibility
Whether you are eligible for an annulment or a divorce depends on your specific situation. Annulment is only possible in certain situations where the marriage was invalid from the beginning. Given that, most couples will find divorce is their only option.
Consider consulting with family law attorneys to figure out which process is appropriate for your situation. They can explain the legal requirements and help you understand the potential outcomes of each choice.