Annulment vs. Divorce: What Are the Differences?

Table of ContentsView AllTable of ContentsDefinitionsLegal GroundsTimingAfterwardReligious AnnulmentsWhich Is Better?FAQs

Table of ContentsView All

View All

Table of Contents

Definitions

Legal Grounds

Timing

Afterward

Religious Annulments

Which Is Better?

FAQs

Close

There are two options for legally ending a marriage or domestic partnership: divorce and annulment. While there are similarities between the two, there are also differences. Learn the differences between an annulment vs. divorce so you can make the right choice for you if you are considering ending a legally binding relationship.

Defining Annulment and Divorce

The biggest difference between a divorce and an annulment is that adivorce endsa legallyvalidmarriage, while an annulment formally declares a marriage to have been legallyinvalid.

Many religions define divorce and annulment as well, and the legal ruling does not necessarily align with the religious designation. A religious annulment is not a legal dissolution of a civil marriage.

The 2015 Supreme Court Obergefell decision legalized same-sex marriage in the United States and requires all states to grant annulments and divorces to same-sex couples.

Legal Grounds for Annulment vs. Divorce

In legal matters, “grounds” are the basis for an action—the reasons why a decision is justified. There are different reasons for pursuing adivorceversus an annulment. At the core, ending a marriage is generally because one or both spouses want toleave the union.

A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place.

Fault vs. No-Fault Divorce

Common grounds cited for fault divorces can include adultery, imprisonment, or abandonment. In a no-fault divorce, neither party is required to prove fault on the part of their spouse in order for the divorce to be granted. No-fault divorce is legal in every state. “Irreconcilable differences” is often cited as grounds for a no-fault divorce.

Regardless of type, the divorcing couple may still have disputes about property, finances, child custody, and more that must be settled through court orders. Fault divorces can lead to larger settlements for the party without fault.

Annulment

An annulment ends a marriage that at least one of the parties believes should never have occurred. The legal grounds for obtaining an annulment vary from state to state. In most cases, to qualify for an annulment, one or more of the following must be present:

Because one of these conditions must be met and proven in court for an annulment to be granted, annulments are much less common than divorces.

Timing of an Annulment vs. Divorce

Often, people assume that a very brief marriage can be ended with an annulment due to the short duration. But short duration is not legal grounds for an annulment. The marriage still has to meet one or more of the conditions above in order for it to be annulled.

In addition, a marriage thathaslasted a long time may not qualify for an annulment. Many states will not grant an annulment after a certain length of time. For example, in California, an annulment on grounds of fraud (one partner alleges that the other partner deceived them into agreeing to the marriage) must be requested within four years of discovery of the fraud.

An annulment may be filed very shortly after marrying. But in some states, a couple must be married or partnered for a minimum period of time (such as one or two years) before filing for divorce. And some states require that the couplelive apartfor a period of time before either can file for divorce.

After an Annulment or Divorce

Another difference between the two types of marriage dissolution is that after an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. After a divorce, the former spouses may still have obligations to each other, such as spousal support and division of shared property.

Finances

After a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each other’s profits or property gained during the marriage.

With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage.

Children

If a couple has children and their marriage is annulled, the children are still considered “legitimate,” (i.e., not born to unmarried parents). But in some states, the assumption of parentage changes and, as part of the annulment process, the judge must establish the children’s parentage.

After that (or immediately in states where the assumption does not change), the court and/or the state can determine custody and support requirements as it would in a divorce proceeding. No matter what, children are still entitled to the support of both parents, even if their parents’ marriage is considered invalid.

The rules regarding divorce and annulment in your religion often determine whether one, both, or neither of the partners has permission to marry again within the religion (or in a religious ceremony) or if you can participate in other religious rituals.

A court of law may consider religious marital status but does not have to recognize religious determinations when making rulings about spousal support, property disputes, or any other legal issues.

Which Is Better: Annulment or Divorce?

There is no superior option when considering whether to get an annulment or divorce. Both types of marriage dissolution can be costly and involve lengthy legal proceedings. At the same time, both can also be simple and low-cost if both parties agree to end the union with minimal disputes or disagreements about how to do so.

Instead, choosing between the two is more about deciding which is best for you based on your situation, and also determining whether you qualify for the type of dissolution you want. An attorney can help you with the latter, letting you know what your options are according to your circumstances and the state or locality in which you live.

The laws where you live may change or limit your options. For example, divorce is currently illegal in the Philippines, although bills have been proposed to change this.

A Word From Verywell

Both divorces and annulments are legal proceedings that can be complicated. If you are pursuing a dissolution of your marriage or partnership, consult an attorney familiar with marriage and family law in your state and your own personal circumstances for legal advice.

Help! My Spouse Just Asked for a Divorce (and I Don’t Want One)

Frequently Asked Questions

In most cases, you must formally request an annulment from a court, just as you would a divorce. Because there is a different and usually higher standard of proof for annulments, you will need the advice of a qualified attorney. You and your attorney must present evidence of the grounds for annulment in order for the court to grant it.For religious annulments, the process will depend on your denomination. Check with a religious leader to learn more about the process.

In most cases, you must formally request an annulment from a court, just as you would a divorce. Because there is a different and usually higher standard of proof for annulments, you will need the advice of a qualified attorney. You and your attorney must present evidence of the grounds for annulment in order for the court to grant it.

For religious annulments, the process will depend on your denomination. Check with a religious leader to learn more about the process.

How long you can be married before getting an annulment depends on the grounds for the annulment. State laws may differ, but often there is no statute of limitations for some grounds, such as a prior existing marriage, while for others there may be a limit imposed.

The tribunal will then review the case and determine whether or not the marriage is canonically invalid. This process is separate from a legal annulment. But like a legal annulment, children born of the marriage are still recognized as legitimate even if the marriage is declared null.

As with other legal proceedings, it is difficult to say how long it may take for an annulment to be granted. If both spouses are in agreement about the reasons for the annulment and the evidence is clear and available, the process may be relatively short—perhaps a few months—but will depend on court scheduling. A family law attorney in your state may be able to estimate how long the annulment process will take.

The cost of an annulment may be similar to the cost of a divorce. In both cases, you will need to pay court fees and, usually, hire an attorney to represent you. And in both cases, the costs will rise along with the complications: Do both spouses agree to the annulment? Do both agree on the facts of the case? Do they have children? If there are disputes to be resolved, the case will take longer and therefore cost more.

No, an annulment is not necessarily easier than a divorce. In most cases, unless the marriage is voidable, it is likely easier to pursue a divorce rather than an annulment.

8 SourcesVerywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Brinig MF, Alexeev MV.Fraud in courtship: Annulment and divorce.Eur J Law Econ.1995;2:45–62. doi:10.1007/BF01540823Supreme Court of the United States.Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al.Hartman MN.Annulment of marriage.Ann Am Acad Political Soc Sci. 1969;383(1):89-100. doi:10.1177/000271626938300109California Courts.Annulment.Stark B.Spousal support since the enactment of no-fault divorce: Small change for women.Fam Court Rev. 1989;27:59-70. doi:10.1111/j.174-1617.1989.tb01298.xXu X, Bartkowski JP.Remarriage timing: Does religion matter?.Religions. 2017;8(9):160. doi:10.3390/rel8090160Library of Congress.Philippines: House of Representatives bill on divorce approved in committee, referred to House Plenary for debate.United States Conference of Catholic Bishops.Annulment.Additional ReadingCornell Law School Legal Information Institute.Void or annulled marriage.

8 Sources

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Brinig MF, Alexeev MV.Fraud in courtship: Annulment and divorce.Eur J Law Econ.1995;2:45–62. doi:10.1007/BF01540823Supreme Court of the United States.Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al.Hartman MN.Annulment of marriage.Ann Am Acad Political Soc Sci. 1969;383(1):89-100. doi:10.1177/000271626938300109California Courts.Annulment.Stark B.Spousal support since the enactment of no-fault divorce: Small change for women.Fam Court Rev. 1989;27:59-70. doi:10.1111/j.174-1617.1989.tb01298.xXu X, Bartkowski JP.Remarriage timing: Does religion matter?.Religions. 2017;8(9):160. doi:10.3390/rel8090160Library of Congress.Philippines: House of Representatives bill on divorce approved in committee, referred to House Plenary for debate.United States Conference of Catholic Bishops.Annulment.Additional ReadingCornell Law School Legal Information Institute.Void or annulled marriage.

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

Brinig MF, Alexeev MV.Fraud in courtship: Annulment and divorce.Eur J Law Econ.1995;2:45–62. doi:10.1007/BF01540823Supreme Court of the United States.Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al.Hartman MN.Annulment of marriage.Ann Am Acad Political Soc Sci. 1969;383(1):89-100. doi:10.1177/000271626938300109California Courts.Annulment.Stark B.Spousal support since the enactment of no-fault divorce: Small change for women.Fam Court Rev. 1989;27:59-70. doi:10.1111/j.174-1617.1989.tb01298.xXu X, Bartkowski JP.Remarriage timing: Does religion matter?.Religions. 2017;8(9):160. doi:10.3390/rel8090160Library of Congress.Philippines: House of Representatives bill on divorce approved in committee, referred to House Plenary for debate.United States Conference of Catholic Bishops.Annulment.

Brinig MF, Alexeev MV.Fraud in courtship: Annulment and divorce.Eur J Law Econ.1995;2:45–62. doi:10.1007/BF01540823

Supreme Court of the United States.Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al.

Hartman MN.Annulment of marriage.Ann Am Acad Political Soc Sci. 1969;383(1):89-100. doi:10.1177/000271626938300109

California Courts.Annulment.

Stark B.Spousal support since the enactment of no-fault divorce: Small change for women.Fam Court Rev. 1989;27:59-70. doi:10.1111/j.174-1617.1989.tb01298.x

Xu X, Bartkowski JP.Remarriage timing: Does religion matter?.Religions. 2017;8(9):160. doi:10.3390/rel8090160

Library of Congress.Philippines: House of Representatives bill on divorce approved in committee, referred to House Plenary for debate.

United States Conference of Catholic Bishops.Annulment.

Cornell Law School Legal Information Institute.Void or annulled marriage.

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