Common Law Divorce - FAQ's

Is annulment an alternative to divorce?

In some cases, it may be but the principal difference lies in the differing legal grounds required for each remedy.  Both will dissolve the marriage but for different reasons.  Divorce can be granted on grounds of insupportability (no fault) as well as for cause.  These causes are cruelty, adultery, conviction of a felony, abandonment, living apart for three years, and confinement in a mental hospital.

Annulment grounds are usually for some sort of incapacity or legal disability such as being under the age of eighteen.  Others are impotency, fraud duress or force, and mental incapacity. Since the law prohibits re-marriage until thirty one days after the final decree of divorce is signed, an annulment may be granted if one party has been divorced within the thirty days period preceding the marriage.  A marriage that takes place within the seventy two hour waiting period following the issuance of the marriage may be annulled if suit is brought within thirty days of the marriage. 

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