If you’re applying for protection under the Violence Against Women Act (VAWA), you may wonder whether you should get an annulment or a divorce. This decision can impact your VAWA case, as the legal difference between the two can affect your eligibility.

 

An annulment legally voids a marriage, making it as though the marriage never existed. Divorce, however, ends a valid marriage. For VAWA applications, it’s important to show that the marriage was entered into in good faith. Since annulments essentially erase the marriage, an annulled marriage may prevent you from qualifying for VAWA.  

 

 

The timing of a divorce can also affect your case. VAWA allows you to file your application within two years after a divorce from an abusive spouse, as long as the abuse was a factor in the divorce. Accordingly, waiting too long after a divorce to file your VAWA can compromise eligibility.

 

In most cases, a divorce is simpler for those seeking VAWA protection. If you’re unsure which option is best for your situation, please contact our office at 703-348-1663. We can help you understand your options and guide you through the VAWA process.