Annulments vs. Divorce

Fifty percent of marriages end in divorce, but some end in other ways. Some marriages don't end and the couple lives happily ever after. Our divorce lawyers at the Lake of the Ozarks are here to explain the differences between annulments and divorce. Annulments may not be talked about as much as divorce but they do happen. If you feel your marriage ending and you are considering either one of these routes, call an experienced divorce attorney at the Lake of the Ozarks as soon as possible. It is best to know all your options and to be prepared and aware before making any major decisions. Phillips, McElyea, Carpenter, and Welch understands that times like these can be very difficult and emotional which is why having an objective voice of reason on your side can be a very valuable asset to have.


Annulments vs. Divorce 


Annulments


A civil annulment is where a marriage is considered void and essentially wiped from existence like it didn't happen. However, annulments are not for everyone and there are certain requirements that must be met. Typically the requirements will be where one of the following must be present:

  • No consummation of marriage has happened.
  • Impaired by drugs or alcohol upon getting married.
  • Misrepresentation, for example, one spouse lied about having a massive debt.
  • Bigamy, where someone married to 2 people at once, which is illegal.
  • One spouse is underage, which is typically 18 upon getting married.
Certain churches such as the Roman Catholic Church grant annulments which are not legally the same as the civil annulment discussed above and is a discussion for another day..


Divorce


The requirements for divorce are much different than those of an annulment. Also, the result of a divorce can be different than that of an annulment. For example, a divorce can result in having an organized child custody arrangement, maintenance payments, division of property, and you and your spouse are no longer legally tied to another.

Missouri's divorce law is essentially a "no-fault" system.  One party alleges that the marriage is irretrievably broken and there is no reasonable likelihood that it can be preserved. Unless that is denied by the other party there are sufficient grounds to go forward.  If the other party denies irretrievable breakdown, then the Court must find one of the following grounds:
  • That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
  • That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
  • That the respondent has abandoned the petitioner for a continuous period of at least six months preceding the presentation of the petition;
  • That the parties to the marriage have lived separate and apart by mutual consent for a continuous period of twelve months immediately preceding the filing of the petition; or
  • That the parties to the marriage have lived separate and apart for a continuous period of at least twenty-four months preceding the filing of the petition



Divorce can be one of the most stressful times in a person's life. The emotional effect on children can be traumatic, resulting in:
  • Acting Out
  • Sleep Loss
  • Trouble with School
During this emotional time, critical decisions regarding:
  • Property Division
  • Child Support 
  • Child Custody 
  • Alimony
...must be made that can have an impact for MANY years. An experienced Lake of the Ozarks divorce attorney can provide the objective guidance necessary to navigate through this difficult time. Contact Phillips, McElyea, Carpenter, and Welch for your free consultation today.

Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. 

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Camdenton, MO 65020   GET A MAP
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Location: Camdenton, MO 65020, USA

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