Full question:
Is an annulment better than a divorce for a marriage of less than two months?
- Category: Divorce
- Subcategory: Annulment
- Date:
- State: Arkansas
Answer:
An annulment nullifies a marriage, treating it as if it never existed. This can be beneficial for those who feel stigmatized by divorce or want an easier path to remarriage in their religion. However, if children are born from the marriage, an annulment may not be granted, and divorce is the only option in Arkansas.
According to IRS rulings, if an annulment is granted retroactively, the couple is considered never to have been married. This means they cannot file joint tax returns. For example, if John and Mary married in 2005, filed jointly, and later had their marriage annulled, they must amend their tax returns to reflect their unmarried status, which could result in additional taxes owed.
Typically, the IRS does not allow couples to change their filing status from joint to separate after the April 15 deadline. However, Revenue Ruling 76-255 allows for this change in rare cases, such as a one-year marriage. This principle applies regardless of the marriage length. Couples whose marriages were annulled may also be eligible for tax refunds if they would have paid less as single individuals.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.