Are you considering ending your marriage in Utah? If so, then you’re facing an important choice. Divorce and annulment may seem similar at first but they work very differently under Utah law.
Before you move forward with any paperwork, first you must clarify your intention. Do you just want your marriage to be over or do you want your marriage to have not existed at all? Understanding this crucial difference can help you make the right decision for your unique situation.
What is a divorce?
A divorce is a legal process that ends a valid marriage. When you get a divorce in Utah, the court recognizes the validity of your marriage before terminating it.
Aside from the validity of your marriage, divorce also acknowledges that you have marital properties that you need to divide. Matters of child custody, child support and spousal support may also be discussed during divorce proceedings.
Since Utah is a no-fault divorce state, you don’t need to prove fault to file for it. You simply need to show that you and your partner have irreconcilable differences and that would be enough to move forward in ending your marriage.
What is an annulment?
On the other hand, an annulment never acknowledges the validity of your marriage. Thus, it is a legal process that voids your marriage from the start rendering it non-existent.
Unlike in Utah divorce proceedings, you must prove that your marriage has a serious flaw from the beginning in order to nullify it. Some common grounds for annulment include:
- Bigamy
- Incest
- Absence of Legal Consent
- Lack of Mental capacity
- Fraud
- Coercion
Additionally, an annulment doesn’t always recognize your marital properties. Hence, property division or spousal maintenance may not always be addressed. However, Utah courts can still order child support and custody arrangements if applicable to your case.
Which option is right for you?
In the U.S., most people pursue divorce rather than annulment. You have more flexibility in divorce since you don’t need to prove specific grounds for it.
However, if you think that you have strong legal grounds then pursuing an annulment might be better in wiping your slate clean.
If you’re ready to take the next step in ending your marriage, it is in your best interest to get specific advice on your marital situation. A trusted counsel can help you review your options and guide you towards the best choice for your specific situation.