Divorce vs. Annulment — What’s the Difference?
Not every marriage is meant to be. In fact, in some cases, it can become apparent very quickly that a marriage should have never happened. In this case, you may be wondering if it’s possible to get an annulment or if it would be better to seek a divorce. Annulments are relatively rare, so it’s understandable if you have a lot of questions. The primary question is, divorce vs. annulment? What are the differences between annulment and divorce, and which option is best for you?
That’s exactly what we’re going to consider in this article. Strap. We’re going to discuss everything you need to know about annulments vs. divorces so you can make the best decision for your situation.
Divorce vs. Annulment — Definition
Let’s begin our discussion of annulments and divorces by reviewing a quick definition of each. We’ll then dig deeper into the available grounds for divorce and annulments to see which option aligns with your circumstances.
The Definition of Divorce
You probably already have a good idea of what a divorce is, but in legal terms, divorce is the legal dissolution of a valid marriage. When compared to an annulment, the vital difference is that even after a divorce the marriage was legal and valid. This is important regarding things like dividing assets and considering alimony (or spousal support).
The Definition of an Annulment
If an annulment is granted, the marriage is deemed invalid (or null and void). In a legal sense, this means the marriage essentially never happened. An annulment has important implications for the division of assets (dividing your things) and alimony that you’ll need to know before deciding whether an annulment or a divorce is right for you. After an annulment, your marital status will be considered “single” rather than “divorced.”
Understanding the Grounds for Annulment vs. Divorce
Whether you decide to pursue a divorce or an annulment of your marriage, you’ll need to provide grounds for your decision. Essentially, “grounds” are the reason you’re requesting the annulment or divorce. Annulments require that you meet a strict set of grounds, which is why annulments are more difficult to receive than divorce.
Grounds for Divorce
In our country’s past, a spouse looking to divorce their partner would have to meet certain approved grounds before they could be granted a divorce. These days, every state allows for some version of “no-fault divorce,” meaning the partners don’t have to provide a specific reason for the divorce or point to a major fault in their partner. In many cases, partners simply cite “irreconcilable differences,” as their divorce grounds.
However, a spouse can still pursue a fault-based divorce, though no-fault divorces are far more common. At-fault grounds for divorce can vary by state but include:
- Adultery
- Cruelty
- Abandonment
- Mental illness
- Drug abuse
- Inability to have children
- Criminal conviction
Choosing to pursue a fault-based divorce may help a spouse receive more a favorable divorce outcome. It’s best to work with an experienced divorce lawyer before trying to move forward with an at-fault divorce.
Grounds for an Annulment
Unlike divorce, you can’t seek a no-fault annulment or use irreconcilable differences as a reason to request an annulment. Instead, you’ll need to meet one of the legal grounds of annulment that your state allows. Grounds for annulment do vary by state, so you’ll need to look at your state’s laws or work with an experienced divorce attorney.
Common grounds for annulment include
- The marriage was forced or coerced
- One or more of the spouses was underage at the time of marriage. (In most states the age of majority is 18, though some states allow individuals to marry at a younger age with parental consent or approval of a judge.)
- A spouse was mentally unable to consent due to mental illness
- A spouse was unable to consent due to drug or alcohol use
- A spouse was already legally married
- A spouse was unable to consummate the marriage
- A spouse hid a major issue (such as a child or criminal record)
- The spouses are closely related
Divorce vs. Annulment: Asset Division
One of the biggest contentions after a marriage is over is how to divide assets between the two ex-spouses. Assets can be anything from a shared house to vehicles, investment accounts, retirement accounts, and even pensions.
In the case of divorce, any assets gained during the marriage (with a few exceptions) are considered marital property and need to be divided. The rules of division of property vary by state, but in many cases, the assets are divided equally or close to equally. In other words, even if one spouse earned much more than the other, both spouses will get a good chunk of that money.
Annulments work differently. Since the marriage is considered legally invalid, there is no marital property to be divided. Instead, each individual will simply leave the relationship with their own assets. Property division may not be much of an issue for many couples, since annulments tend to (but don’t always) occur after a short marriage. In the case of a longer relationship, couples may need to do some work to track the ownership of their assets and may need the help of a financial expert or forensic accountant. Couples can also choose to split their assets in a way that both agree is fair. This, of course, isn’t always as easy as it seems, especially if one spouse doesn’t want to split.
In rare cases, an individual may ask a judge to rule on the division of assets in an annulment. Laws vary by state and your individual circumstances can play a big role in your asset division strategy. It may be best to work with a family law attorney before moving forward with your annulment.
Divorce vs. Annulment and Children
When it comes to the way children are treated legally, there isn’t much difference between a divorce and an annulment. If you had children with your partner during your marriage, they are considered legitimate even if you then have the marriage annulled. That means you or your partner may be on the hook for child support payments depending on your custody arrangement and earnings.
It also means you’ll need to determine child custody with your ex-partner or, potentially, go to court if you can’t reach an agreement. This is the same regardless of whether you leave your marriage through divorce or annulment.
Divorce vs. Annulment and Alimony
If you plan to seek alimony (also known as spousal support) from your partner, then whether you’ve had an annulment or a divorce could make a big difference in your chance of success.
In the event of a traditional divorce, a spouse who earns far less than their ex may be able to seek temporary or even permanent financial support from their ex-spouse. Alimony is more likely to be granted if the couple has been married for a long time and the spouse can show it would be difficult for them to re-enter the workforce.
In the case of an annulment, since the marriage is considered null and void, the ex-partners don’t owe each other any special consideration, this includes alimony. It is very rare for a partner to receive alimony after an annulment unless the partners agree to an arrangement amongst themselves.
Marriage Length and Annulments
Does the length of your marriage affect your ability to receive an annulment? If you’ve been married for several years, has the “time limit” run out on an annulment? Time does play an important role in your ability to receive an annulment, but there may be some flexibility depending on the laws in your state.
Generally speaking, most annulments occur within a short period of time after a marriage takes place. However, just because you’ve only been married for a few months or a few weeks doesn’t mean you can qualify for an annulment. You’ll still need to have clear grounds for the annulment.
Some states do have time limits when it comes to annulments, while others do not. To make the situation more complicated, some states include time limits for certain annulment grounds. For example, in California, you can only request an annulment due to deception or fraud up to four years into your marriage.
Again, a knowledgeable divorce lawyer can help you understand the laws of your state and your options.
How to Get an Annulment
If you believe you have a good case for annulling your marriage, you can file a petition for annulment with your local family court. (You may be able to find this paperwork on your state’s court website.) You’ll need to specify the grounds for your annulment in your petition. Your spouse will then have an opportunity to respond to your petition.
If your spouse does not agree to your annulment request, the court will hold a hearing to decide whether or not to grant the annulment. If you are seeking the annulment, it will be in your best interest to gather and present as much evidence as possible that your situation meets the grounds you’ve chosen for the annulment. For example, if you want to argue for an underage spouse annulment, make copies of your birth certificate. If you want to argue diminished mental capacity, bring any medical or psychological records you have.
If the court does not grant the marriage annulment, you always have the option to seek a traditional divorce. However, if you choose to divorce, your marriage will be seen as legal and valid in the eyes of the law.
Religious Annulments
Many religions have strong beliefs and specific rules when it comes to ending a marriage. In certain religions, an annulment may be preferable to a divorce. For example, an annulment may be needed in order for your religious community to allow you to marry again or for you to be able to participate in certain religious rituals.
Depending on your belief, you may feel the need to receive permission for an annulment from your clergy. In other cases, you may be able to receive an annulment of your marriage within your congregation. Keep in mind, a religious annulment is separate from a legal annulment and will not be recognized legally unless you also request and receive a legal annulment.
Which Is Best? An Annulment or a Divorce?
When it comes to annulment vs. divorce, one option isn’t objectively better than another. They are simply two different paths to ending a marriage. If your marriage was coerced or based on fraud, you may wish it had never occurred. In this case, an annulment may be the right decision.
If you are simply unhappy in your marriage but have a lot of shared assets, a divorce could be the better way to go. Only you can truly decide which option best fits your circumstances. An experienced divorce attorney can guide you in this decision and help you understand if your case qualifies for an annulment.
The Pros and Cons of Seeking an Annulment
Annulments are often quicker and can be simpler than divorce. They can save time and money and you won’t need to officially split your assets. However, annulments can be difficult to get and you must meet accepted grounds for annulment in your state.
If your spouse does not agree to the annulment, you may need to go to court to have a judge decide your case. This could end up costing quite a bit and you may need the assistance of an attorney.
Another drawback of an annulment is that any prenups you signed will not be considered valid, since the marriage was annulled. You also can’t qualify for alimony with an annulment and won’t be able to split assets with your spouse.
The Pros and Cons of Seeking a Divorce
A divorce allows you to formally split your assets with your spouse. If you are the lower-earning spouse, this can be very financially helpful. If you are hoping to seek alimony, you’ll need to pursue a divorce rather than an annulment. You may also gain some extra benefits from your marriage even after a divorce, like the possibility of earning a higher level of social security.
Divorce often does take longer than an annulment. If you are the higher-earning spouse, you could take a big financial hit as you divide your assets. You may also need to go through mediation or even go to court if you and your spouse can’t agree to the terms of your divorce settlement. The good news is that if you and your spouse had a legally binding prenup, it should stand, allowing you to more easily divide your marital estate.
If your divorce is complex or acrimonious, you may need to hire a divorce lawyer and you may find the divorce process slow, stressful, and very expensive.
Choosing Annulment or Divorce
At the end of the day, only you can decide whether an annulment or a divorce is right for you. Keep in mind that annulments can be difficult to receive, which is why divorce is a much more popular option for couples that want to split.
If you still have questions about ending your marriage, consider attending a Second Saturday Divorce Workshop in your area. Every workshop includes divorce experts, including divorce lawyers, who can answer your questions about annulment and speak to your particular case. The workshops also review financial, psychological, and legal issues of divorce.
Annulment FAQS
How much does an annulment cost?
The cost of an annulment can vary depending on where you live, as each state has its own laws and regulations governing the process. Generally, however, the cost of getting an annulment is usually less expensive than a divorce. Typical costs associated with an annulment include court filing fees and legal representation fees if you choose to hire a lawyer. Additionally, some states may require a fee for a certified copy of your annulment decree.
How fast can I get an annulment?
The timeline for an annulment can vary from state to state. Generally, if you meet all of the necessary requirements and your spouse agrees to the annulment, the process can move pretty quickly. In most cases, you may be able to obtain an annulment within a few weeks or months. However, if either party disagrees with the annulment, the process can take much longer. Depending on the state, you may need to wait several months or longer for a court to rule on your annulment. Additionally, if there is a dispute over finances or other matters related to the marriage, it can add complexity and extend the timeline of an annulment.
Is it hard to get an annulment?
Getting an annulment can be difficult depending on the circumstances of the marriage and the laws of your particular state. Annulments are not as common as divorce because they require that certain strict criteria are met. In most cases, annulments are granted only if the marriage was invalid in some way from its very beginning.
Can I get an annulment without a lawyer?
Yes, it is possible to get an annulment without a lawyer. All states have different requirements for annulments, so you should research your state’s laws before attempting to get an annulment without the help of a lawyer. In some cases, you may be able to represent yourself in court if both parties agree on the terms of the annulment.
Additionally, in order to successfully obtain an annulment without a lawyer, you must be able to prove the marriage was invalid from the start. This can be done in various ways, depending on the laws of your state. Generally speaking, you will have to provide evidence that either one or both parties weren’t legally allowed to marry under state law (such as if one partner was already married).
Can same-sex couples get an annulment?
Yes, same-sex couples can get an annulment if they meet the annulment requirements of their state. Generally speaking, since marriage equality has been granted to same-sex couples, they are afforded a range of marriage dissolution options that were previously not available to them. These include annulments as well as divorces and other forms of legal separation.
