Dissolution of Marriage vs Nullity in Family Law
When a marriage ends, people often use terms like “nullity” and “dissolution of marriage” interchangeably. However, these legal concepts are different in how they treat the relationship. One means the marriage legally never existed, while the other means ending a legally valid marriage. Knowing the distinction between dissolution of marriage and nullity is important for anyone considering their options in family court. Let’s break down what each means, how they’re handled in the legal process, and what implications they have for marital status, child custody, and spousal support.
What Does Dissolution of Marriage Mean?
A dissolution of marriage, commonly known as divorce, legally ends a valid marriage. The couple was legally married but, due to irreconcilable differences or other legal grounds, has decided to part ways. In a no-fault divorce, neither spouse must prove wrongdoing. The couple can simply state that their relationship has broken down.
In this process, the family law court deals with several key issues, including child support, child custody, spousal support, and property division. Once finalized, the court issues a judgment that officially changes the marital status of each party back to single.
A family law attorney can help you through the court process and will take all necessary steps to protect your rights during this important transition.
What Is Nullity of Marriage?
Nullity, also called annulment, is a legal concept that declares a marriage invalid from the start. When a court grants a marriage annulment, it means that your marriage never existed in the eyes of the law. In short, a void marriage is treated as if it were never legally binding.
An annulment declares that one or both parties were never truly legally married due to certain factual or legal circumstances present at the time of the union.
There are certain circumstances where a court can find that a marriage was voidable. These include fraud, underage marriage, bigamy, or situations where one party lacked the mental capacity to consent. In some cases, religious reasons also play a role, especially for those whose faith does not permit divorce but allows nullity under strict guidelines.
Legal Difference between Dissolution of Marriage vs Nullity
When comparing dissolution of marriage vs nullity, the biggest distinction lies in how the law views your relationship. In a dissolution of marriage, the court acknowledges that a legally valid marriage existed and now must be ended. This involves determining child custody, dividing property, and arranging spousal support (if needed).
In contrast, a nullity means there was never a marriage legally formed in the first place. The annulment declares that the union was invalid due to legal grounds that made it voidable. Because the marriage was never valid, the court does not divide marital property in the same way it would in a case of divorce.
However, in certain circumstances, courts may still make orders for child support or child custody if children were born during the invalid union, making sure that they are protected under the law.
Legal Grounds for Nullity
For a court to grant a marriage annulment, there must be legal grounds proving that your marriage was not valid. Some common grounds include:
Underage Marriage
One or both parties were below the legal age and lacked proper consent.
Bigamy
One party was already married to someone else at the time of the ceremony.
Fraud or Misrepresentation
One spouse was deceived about a major fact that influenced their decision to marry.
Incapacity
One or both parties were unable to consent due to mental incapacity or intoxication.
Force or Duress
The marriage was entered into involuntarily.
Each of these situations makes the marriage legally questionable, allowing the court to declare it null and void.
Legal Separation & Fault Divorce
Sometimes, couples choose a legal separation instead of pursuing a dissolution of marriage or nullity. In a legal separation case, the spouses remain married but live apart, and the court can still issue orders regarding property division, child custody, and spousal support.
A fault divorce differs from a no-fault divorce because one spouse must show the other caused the breakdown of the marriage. Grounds for a fault divorce might include abandonment, adultery, and cruelty.
These options show that not every couple needs to go straight to dissolution of marriage or nullity—there are several other legal paths to handle complex relationships.
The Legal Process for Dissolution or Nullity
Both nullity and dissolution of marriage follow a formal court process, though their steps differ.
In a dissolution, one partner files a petition citing irreconcilable differences or other grounds. The other spouse is served and given time to respond. If both agree on major issues, it may be an uncontested matter and resolved quickly. If that’s not the case, it proceeds to the Judge or Chancellor, where a ruling is issued on custody, property, and spousal and child support.
In case of nullity, the legal process requires proof that the marriage was legally voidable. The court hears testimony, reviews evidence, and then issues a legal ruling declaring the marriage annulled.
Both types are emotionally challenging, and working with a family lawyer will help guide you through the paperwork and legal complexities. Make sure that you are hiring an attorney who has experience and expertise in handling such cases.
What Happens After the Legal Ruling
After a court issues a legal ruling, the parties regain control over their marital status. In a dissolution of marriage, both individuals are free to marry again to the person they like. In a nullity, it is as though they were never legally married at all.
For couples with children, child support and child custody orders remain in place to protect the best interests of the child. Financial obligations, such as spousal support, may also continue for a time (depending on the circumstances).
Understanding these outcomes helps couples decide which path is more suitable for them — dissolution of marriage or nullity, based on their situation.
Religious & Personal Considerations
For some, religious reasons play a role in choosing nullity over divorce. Certain faith traditions recognize an annulment as a declaration that the union was never valid in the eyes of the church.
Others may pursue nullity to clarify their legal standing if they discover a void marriage due to underage marriage, fraud, or bigamy. Whatever the reason, it’s highly important to understand how these legal grounds affect future relationships and legal documentation.
Working with a Family Law Attorney
Dealing with dissolution of marriage vs nullity cases is complex. A skilled family law attorney helps you understand your obligations and rights under the legal process. From filing petitions to representing you in superior court, a family attorney makes every effort to move your case forward and handle all documents accurately.
Whether you are ending a legally valid marriage or want to have your marriage annulled, a family lawyer can guide you through each stage and will take all necessary steps to protect your best interests.
Conclusion
Choosing between a dissolution of marriage and nullity depends on multiple factors, such as the legal grounds, your circumstances, and even one’s personal beliefs. A dissolution of marriage recognizes that a legally valid marriage existed and now must end. Nullity, on the flip side, declares that your marriage never existed.
Both paths come with unique challenges, especially concerning child support, child custody, and spousal support.
If you’re unsure which option applies to your case, consulting a family law attorney will help clarify your situation and guide you toward the best resolution.
Call BFP Law Firm for Family Law Cases
BFP Law Firm provides trusted representation across multiple practice areas, including family law, adoption, criminal defense, DUI, and personal injury.
With offices in Nashville, Elizabethton, Greeneville, and Knoxville, we aim to provide you with legal guidance to help you deal with the dissolution of marriage, nullity, and other family law matters. Call us now to schedule your consultation.