Annulment vs. Divorce

Posted on November 3, 2014 by

The decision to begin divorce proceedings is a life-changing choice that should only be made after careful consultation with your attorney. During this consultation, your attorney should address several issues that will impact your decision. These issues shall include, but are not limited to, annulment and divorce. Though you may be unfamiliar with how to obtain an annulment or divorce, provided below is a simple explanation that is easy to understand.

Annulment

Depending on the circumstances of your marriage, you may be able to legally terminate your marriage by either annulment or divorce. Annulments are rare and only available under very limited circumstances. An annulment is a court-ordered determination that the marriage never existed, i.e. Void or Voidable. A divorce, on the other hand, is a legal termination of a marriage that did exist. An annulment will not be granted on any grounds if the parties had been married for at least two years prior to filing suit for annulment.

Void marriages have no legal effect and, thus, never existed. This type of marriage may result from:

• lack of a proper marriage or ceremony;
• bigamy;
• marriage between blood relatives; or
• underage marriage without required parental consent.

Voidable marriages are valid unless one of the spouses obtains an annulment. Voidable marriages may result from issues such as:

• mental incapacity or infirmity of a spouse;
• fraud or duress;
• natural or incurable impotency existing at the time of marriage contract; or
• spouse’s unknown felony.

In order to receive an annulment in Virginia, you or your spouse must have been a resident of the Commonwealth of Virginia for at least six months before seeking an annulment. Annulment claims must be filed in the circuit court where:

• both spouses last cohabitated in VA;
• the defendant spouse resides if he/she is VA resident; or
• the plaintiff resides.

If you meet the residential and grounds requirement for annulment, you may be able to obtain an annulment in VA.

Divorce from Bed and Board

The first type of divorce is Divorce from Bed and Board. When a court grants this type of divorce, it orders that the spouses’ personal rights and property are legally separate. Any property acquired after this court order will be in the sole possession of the spouse who obtained it. In order to obtain this type of divorce, you must prove one of the following grounds: cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment, or constructive desertion. Desertion by either spouse will meet the requirement for grounds for divorce from bead and board.

Revocation of divorce from bed and board may be acquired at any time from the court that entered the divorce decree. Divorce from bed and board may merge into a divorce from the bonds of matrimony.

Divorce from Bond of Matrimony

Unlike the divorce from bed and board, this type of divorce is a complete legal termination of the marriage. A divorce from the bonds of matrimony may obtained by fault grounds or no-fault grounds. Fault grounds for divorce include:
• adultery;
• either spouse is convicted of a felony after marriage and sentenced to more than a year of confinement;
• cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.

There are two methods to obtain a no-fault divorce. The first method requires the spouses to live separately and apart, uninterrupted for one year. The second method requires that neither spouse have natural nor adopted children, spouses enter into a separation agreement; live separate and apart, uninterrupted for six months. In Virginia, if both spouses are guilty of fault grounds for divorce, the court may choose to grant a no-fault divorce.

Every client’s decision to begin divorce proceedings is personal and unique. Our experienced attorneys will give you an in-depth consultation based on your unique facts and circumstances.

Categories: Articles, Divorce
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Josh suberlak
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Joe Trak
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brenda jones
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Heather J
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Kia Johnson
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Kia Johnson
Kia Johnson
Stacy Lee
Stacy Lee
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Katie Oakes
Katie Oakes
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Michelle Bower
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Rene Haines
Rene Haines
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Michelle Spencer
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Michelle Spencer
Michelle Spencer
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Chris Perdue
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Melissa Herring
Melissa Herring
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Brandi Witherspoon
Brandi Witherspoon
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Ashley Halsey
Ashley Halsey
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Bathsheba Colinborough
Bathsheba Colinborough
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Ahmed Rashid
Ahmed Rashid
My wife and I worked with Colleen Quinn and her paralegal Charli (CharSalle) on my daughter's international re-adoption. We are in Fairfax, VA and they were happy to work with us even though we weren’t local to them. Everything was done by email and mail. They answered all of our questions in a timely manner and were very knowledgeable about the process. We worked almost entirely with Charli after the initial emails and phone calls and she was great to work with. They filed all of our paperwork with our court, everything went smoothly, and we received our Final Order. Charli has always kept us in the loop about the process and sent us updates. We mailed original documents back and forth without any issue. Their legal fee was very competitive and better than most attorneys in our own area. We are very pleased with their work and assistance in getting our adoption finalized. I wouldn’t hesitate to recommend them to anyone. Thank you!
Ahmed R
Ahmed R
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Morgan Williams Seay
Morgan Williams Seay
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Nate Davenport
kathleen cossaboon
kathleen cossaboon
Bob Stiepock
Bob Stiepock
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Lisa Moore Walker
Lisa Moore Walker
Personal Injury is a challenging event on many levels in ones life. Have you experienced a moment where you were injured and need to seek legal advice? You need to make a call to Colleen Quinn today. I began to research different law firms that handled Personal Injury. I interviewed several attorneys and spoke with large practices to small firms. I was impressed by Colleens resume and her work with women and the law. I will never regret hiring Colleen and her TEAM. The word TEAM is exactly what I received through out my case. My case was attacked with professionalism and the team was always in communication with me. When I would call to ask questions or to get a better explanation I was always made to feel as if I was the only client. As my case arrived closer to the trail date, my TEAM went into full 110%+ effort and preparation. Colleen was ALWAYS seeking to settle my case with the best outcome that she could. YOU WILL NOT FIND A MORE UPFRONT, HONEST, HARDWORKING-GET IT DONE ATTITUDE THAN THE TEAM OFCOLLEEN M. QUINN!! MAKE THAT CALL TODAY-YOU WONT REGET IT!!
beLIeVE Fitness
beLIeVE Fitness
Sharon Robertson Dewitt
Sharon Robertson Dewitt
After doing quite a bit of research on the adoption process, we decided to set up an initial consultation with Colleen, and we found that first session very beneficial and informative. There were many things that impressed us about Colleen from the very beginning: her level of expertise and reputation as an adoption attorney, the accolades she's received throughout her career, her friendly and personable nature, and her willingness to provide us with comprehensive information about the adoption process including projected fees. We also wanted to make sure that we were being well represented and advocated for, and quickly knew that Colleen would not only guide us through the adoption process, but advocate for us as well. Colleen is both passionate about what she does and compassionate toward all parties involved in the adoption process.Colleen’s paralegal, CharSalle (Charli) is an absolute treasure! Charli was readily available to answer questions by phone or by email. She would reach out to us if there was a birth mother interested in speaking or meeting with us after reviewing our profile. We were matched with a birth mother in November 2014, and our daughter was born in February 2015. Colleen and Charli guided us through the initial meetings with the birth parents, the open adoption agreements, and they stayed in touch with us by phone and email when our daughter was born. Our adoption was finalized in six months, and we couldn’t be more pleased with the level of communication we received, and continue to receive, from Colleen and Charli as well as the level of expertise and true passion they have for guiding families through the adoption process. We highly recommend Colleen, Charli, and the staff at Locke & Quinn to anyone considering adoption!!!!
Joe Ana
Joe Ana
My wife and I adopted a babygirl in 2015. A friend of mine, whose daughter is lawyer, recommended Colleen Quinn. We went for our initial consultation and we could tell immediately that Colleen was very knowledgeable and professional. She went into detail and gave us the costs associated with the adoption as well as every single step in the process. Colleen is very welcoming and easy to talk to.We cannot leave this review without mentioning our primary contact, Colleen's paralegal, CharSalle Charles (Charli). Without Charli, I don't think we would have made it through the adoption. Charli was there anytime we called to answer our questions and to provide support for us. Charli even came to the hospital the day after our daughter was born, to handle all the paperwork between us and the birth mother.We truly thank Locke and Quinn and especially Charli for their hard work and support. Our adoption was even finalized a month in advance of the initial date set forth. We highly recommend Locke and Quinn to any looking to adopt!!!
Tierre Christmas
Tierre Christmas
Cathy Tyree Herb
Cathy Tyree Herb
Colleen and the team at Locke & Quinn was very helpful guiding us through our adoption with minimal issues - would recommend based on their knowledge and experience.
Chris _
Chris _
Colleen is an excellent attorney. She fights for her clients and takes care of them every step of the way.
Kim Miller
Kim Miller

 

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