In Wisconsin, the legal termination of a marriage can occur through two distinct processes: annulment and divorce. An annulment, unlike a divorce, is a legal declaration that a valid marriage never existed. This determination is based on specific legal grounds present at the time of the marriage. A divorce, conversely, acknowledges the validity of the marriage but terminates it due to circumstances that have arisen after the marital union was legally established. For example, a marriage could be annulled if one party was legally married to another person at the time of the marriage, whereas a divorce would be sought based on irreconcilable differences that developed during the marriage.
The significance of understanding the difference lies in the legal and social ramifications. An annulment essentially erases the marriage from the record as if it never occurred, which can have implications for property division, spousal support, and inheritance rights. Historically, annulments were more common when societal and religious views placed a greater emphasis on the sanctity and permanence of marriage. While divorce has become more widely accepted and accessible, annulment remains a viable option in limited circumstances, offering a particular path for individuals seeking to dissolve a marriage based on its initial invalidity.
