What is the difference between an annulment and a divorce proceeding?
An annulment proceeding is instituted for the purpose of determining by a judicial ruling that a valid marriage never took place due to some defect that existed at the time the parties were married. By contrast, a divorce proceeding is instituted in order to terminate a valid marriage for reasons that occurred after the marriage was entered into. What is meant by fault and no-fault divorce? Traditionally, a divorce was granted upon proof of “fault” by a spouse who committed marital misconduct. The grounds for showing fault included cruelty (inflicting emotional or physical pain), adultery, desertion for a specified length of time, confinement in prison for a set number of years, or the physical inability to engage in sexual intercourse, if it was not disclosed before marriage. No-fault divorces of some form have now been adopted in every state. Instead of having to show fault, couples need only show “incompatibility,” “irreconcilable differences,” or “irremediable breakdown of the marr
