Divorce and annulment have the same result: dissolution of the marriage. However, both have different implications for how the prior marriage is treated. A divorce is considered “prospective” in that it affects the parties’ status in the future. A couple who obtains a divorce is no longer legally married to each other, but the law still recognizes that the parties were married at some point in the past. A couple who divorces may need to divide up their assets and deal with any spousal support obligations should they arise. An annulment is different in that it is “retroactive”. It applies to the couple’s status in the past and makes the couple’s marriage “void”. In this way, the law would treat the couple as if they had never married to begin with.
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