Advantages and Disadvantages of Annulment

If you are contemplating whether an annulment is in your best interest, please carefully review the following advantages and disadvantages :
The following are advantages of an annulment proceeding:
• Starting a new marriage as if it were a first marriage may have a positive psychological impact.
• Any stigma of being divorced is avoided.
• Spousal support payments from a prior marriage that were terminated on remarriage may be reinstated if the second marriage is annulled.
• Pension, Social Security, or insurance benefits due from a prior marriage but discontinued at the time of this marriage may be reinstated.
• An annulment vitiates all interfamily ties as though they never existed.
• There are no lengthy residency requirements.
• There is no 60-day mandatory waiting period before a hearing.

The following are disadvantages of an annulment:
• Spousal support is hardly ever granted.
• The woman has no dower rights in her husband’s property.
• Annulment can be barred by estoppel, prior knowledge, condonation, or in pari delicto.
• The proof required for annulment might be more difficult to obtain than proof required in a no-fault divorce action.
• A spouse’s right to Social Security retirement and disability benefits is extinguished.

For more information on whether you should pursue an annulment, contact the family law attorneys at Serafini, Michalowski, Derkacz & Associates for a free consultation.