Key Takeaways

  • While both annulment and divorce dissolve a marriage, their outcomes are different. They have different legal meanings, are based on different grounds, and are conducted using different procedures.

  • An annulment is a declaration that a marriage is void; in other words, it never existed. 

  • Grounds for annulment include fraud, bigamy, duress, or lack of capacity.

  • Terminating a valid marriage through divorce is more common than annulment and is carried out by court order. The settlement of property distribution, alimony, and child custody arrangements follows a divorce.

  • Divorce grounds include irreconcilable differences (no-fault) or fault-based reasons like adultery, cruelty, or abandonment.

  • Annulments usually don’t involve property division or alimony, while divorce typically does.

  • Children are recognized as legitimate in both annulment and divorce, but custody and support issues are simpler in divorces.

  • Post a job On UpCounsel to consult a lawyer in your state to determine the best path forward with marriage dissolution.

Divorce is not the only dissolution option that may be available when ending a marriage. Annulment is another potential path, but there are important differences between annulment and divorce to consider first. 

While both end a marriage, annulment and divorce differ in their legal implications, grounds, and processes. 

This article will discuss important details about annulment vs. divorce, including legal grounds for each and other implications of marriage dissolution.

Introduction to Annulment vs. Divorce

Legal Grounds for Annulment vs. Divorce

An annulment is a legal declaration that a marriage is invalid, as if it never happened.  

For example, people seek annulments when a marriage is allegedly void because of fraud or incapacity.  

In contrast, a divorce is the legal dissolution of a valid marriage, ending the spouses’ obligations to each other but leaving them free to divorce with alimony, property division, and custodial responsibilities. 

Annulments are less common than divorces – sought when the marriage is deemed ‘void’ or ‘voidable.’ Divorce remains the most common way for couples to end a valid marriage.

Grounds for Annulment

An annulment requires proof of specific legal grounds and is, therefore, harder to obtain than a divorce.  

Some of the common grounds for annulment are: 

  • Fraud or Misrepresentation: Occurs when one person lies about something important to the marriage, like the ability to have children.

  • Bigamy: The person marrying you was already married to someone else when you married them.

  • Duress: One spouse was forced or threatened into the marriage.

  • Insufficient Capacity: One or both of the parties lacked the legal capacity to get married, perhaps due to illness, drunkenness, or being a minor. 

In this case, the marriage is deemed invalid, and an annulment will nullify it.  

In all of these cases, the implications are significant: divorce affects the relationship, while annulment says in the eyes of the law, a relationship never occurred.

Grounds for Divorce

Legally, divorce tends to be more straightforward. A couple can end their marriage by mutual consent based simply on irreconcilable differences. 

Fault-based divorces do still exist and can be based on adultery, cruelty, or abandonment, among other grounds. Currently, about two-thirds of states still allow fault-based divorces.

Legal Process and Requirements

Annulment and divorce also differ in their legal process and requirements. 

Annulment Process

The first step in getting an annulment is to file a petition in court, and the person petitioning for the annulment must cite evidence for the grounds claimed. 

This might include witness testimony, medical records, or other proof of fraud, bigamy, or incapacity.  

Because an annulment declares that a marriage never was valid, there’s no marital property to divide or alimony to award. However, the issue of child custody is still relevant, and the children of the marriage remain legitimate.

Divorce Process

Divorce has several procedural steps. 

After a person files for divorce in each state, both parties must deal with various legal issues, including property division, alimony, and child-related issues (custody, visitation, and child support).  

In most states, a divorce cannot be granted until after a waiting period ranging from 21 days to 12 months. In states such as California, mediation is required for any cases involving child custody. 

Legal and Financial Implications

Annulment and divorce each have legal and financial implications.

Property Division and Financial Support

Because the marriage is void from the start in an annulment, there can be no property division as there would be in a divorce.  

Each spouse generally keeps the assets they brought to the marriage, and there is no spousal support or alimony obligation. 

In divorce, by contrast, everything is divided up, including all of the marital property (everything accumulated during the marriage).  

One spouse will often pay the other spousal support (also known as alimony) if they are able to pay and the other spouse is in financial need.

Child Custody and Support

The children of an annulled marriage are legitimate, and the courts’ decisions will be based on the children’s welfare.  

Annulments and divorces differ in one important way: child custody and support in divorces are more straightforward because the marriage is accepted as valid.  

In an annulment, custody might still have to be decided in court, but child support is the same as if the marriage were divorced.

When to Choose Annulment vs. Divorce

Consulting Legal Counsel for Your Situation

Whether annulment or divorce is the right choice for you will depend on your situation.  

An annulment might be a good route if you believe your marriage was void from the beginning as a result of fraud, bigamy, or other grounds discussed above.  

Annulments can also look and feel like you’re resetting your legal status as if the marriage never happened. This might be important for religious or financial reasons. 

On the other hand, if your marriage is legitimate but is no longer viable, divorce is a far more constructive option.  

Divorce is a structured process for dissolving a marriage, and it allows you to divide property, pay alimony, and provide child support.

Consulting Legal Counsel for Your Situation

Annulments and divorces involve legal complexities. Before proceeding with either option, talk to a lawyer who can determine if you have grounds for annulment or if divorce is a better choice for you; and, if so, whether it is fault or no-fault divorce.  

Your lawyer will also assist you with filling out petitions, state-specific laws, and financial and custody matters, taking additional stress and work out of the process for you. 

Post a job on UpCounsel to find a divorce lawyer in your state. 

UpCounsel accepts only the top 5% of lawyers, who come from law schools such as Harvard Law and Yale Law. They average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

FAQ’s: Divorce vs. Annulment

Why Do People Want Annulment Instead Of Divorce?

Annulments are requested by parties who want to invalidate a marriage for religious purposes or to erase the legal connection to a spouse for fraud, incapacity, or other grounds that render the marriage invalid.

Is Cheating Grounds For Annulment?

No, cheating is not considered grounds for annulment, but it can be grounds for divorce, particularly in fault-based divorce.  

However, some exceptions may apply as grounds for annulment, including if the cheating is evidence of fraud.

Why Do People Get Their Marriages Annulled?

People seek annulments because they believe their marriage was never legally valid, perhaps because one person entered the union bigamously, through fraud, or force.