Annulment vs. Divorce: Key Differences and How to Choose the Right Option

When a marriage falls apart, couples usually think of getting a divorce. It’s the most common way to end a domestic partnership, especially now that no-fault divorces allow individuals to separate without assigning blame or providing specific reasons for the breakdown.

But in certain situations, you may want to get your marriage annulled instead.

While both divorce and annulment can legally end a marriage, they are fundamentally different in terms of meaning, process, and results. Below, we’ll break down the differences between annulment and divorce, so you can decide what’s best for your circumstances.

What Is a Divorce?

Divorce is the legal process of terminating a valid marriage. It’s what most couples refer to when they talk about “breaking up”.

While going through a divorce, you’d likely deal with issues like:

Dividing marital assets and debts.
Establishing child custody and visitation arrangements.
Determining child support, and if necessary, spousal support (alimony).

Once the divorce is finalized, both individuals are free to remarry or move forward independently.

What is an Annulment?

An annulment declares that a marriage was never binding to begin with- as if it never happened in the eyes of the law.

Annulments are granted only in specific circumstances where the marriage is considered null and void. Some common reasons for annulment include:

Fraud or Misrepresentation: If one spouse lied about something critical, such as already being married, their identity, or their ability to have children.

Bigamy: If one spouse was already legally married to someone else at the time of the marriage.

Incapacity: If one or both spouses were unable to consent to the marriage due to mental or physical reasons, such as intoxication or mental impairment.

Underage Marriage: If one or both spouses were too young to legally marry and did not have the necessary parental or court approval.

Close Relation: If the spouses are closely related by blood.

Duress or Coercion: If one spouse was forced, threatened, or pressured into the marriage.

Annulments aren’t a blanket option for every failed relationship. They’re reserved for unique situations where the union shouldn’t have been recognized at all.

Annulment vs Divorce: Key Differences

The most significant difference between an annulment vs divorce lies in how the marriage is treated once the process is complete. Here’s a closer look at how these two legal options differ:

Marriage Status

Divorce: A divorce acknowledges that the marriage existed but is no longer sustainable or desired by one or both parties.

Annulment: An annulment, on the other hand, shows the marriage as invalid from the start. Legally speaking, an annulled marriage never happened at all.

Grounds

Divorce: People get divorced for different reasons, including irreconcilable differences, adultery, abandonment, or other fault-based causes.

Annulment: As we’ve mentioned, only certain reasons qualify for an annulment. Since these grounds are more restrictive than those for divorce, annulment is less common.

Timeframe

Divorce: There is no strict time limit for filing a divorce. Couples can seek a divorce at any point after the marriage, even years later.

Annulment: In many states, annulment claims must be filed within a specific timeframe. However, Utah does not impose a specific deadline for annulment.

Effect on Children

Divorce: Children born during the marriage are considered legitimate. Custody, visitation, and support arrangements are addressed as part of the divorce process.

Annulment: Children remain legitimate, but custody and support matters are handled separately.

Division of Property

Divorce: Courts typically divide marital property and debts between the spouses; and may establish alimony.

Annulment: Although the aim is to restore each party to their pre-marriage state, shared assets and financial disputes can still arise.

The Process: What to Expect

While both annulment vs divorce follow similar initial steps, the requirements and outcomes differ.

Divorce Process

The first step is filing a formal petition with the court. The document explains that you want to end the marriage and outlines any requests, such as for child custody or spousal support.
After filing, you’ll need to serve your spouse with divorce papers.
If both spouses agree on things like dividing property, custody arrangements, and support, the divorce can move quickly. But if there’s disagreement, the court will step in to help resolve the issues.
Once all the details are sorted, the court will issue a divorce order, officially ending the marriage.

Annulment Process

Just like divorce, the first step is filing a petition with the court. In this case, you’re asking for the marriage to be declared invalid.
The big difference with annulment is proving your case. You’ll need to show evidence that the marriage was not done under normal circumstances.
A judge will review your evidence and hear arguments from both sides.
If the judge agrees that the marriage is invalid, they’ll declare it null and void.

Religious Annulments vs. Legal Annulments

Annulments can be either religious or legal. Note that they are completely different and serve different purposes.

Religious Annulment

A religious annulment is granted by a religious organization, like a church, and is based on the rules and beliefs of that faith. For example, the Catholic Church might grant an annulment if they decide the marriage wasn’t valid according to their religious standards.

Essentially, this could mean there wasn’t mutual consent, or one person didn’t fully commit to the marriage’s intentions, like being faithful or open to children. Religious annulments are usually important for people who want to remarry in their church or stay in good standing with their faith.

That said, a religious annulment doesn’t change your legal status. Even if your church says the marriage didn’t count, you’re still legally married unless you go through the court system to get a divorce or legal annulment.

Legal Annulment

Legal annulments are handled in court and investigate whether the marriage was appropriate under the law. If there is fraud, bigamy, coercion, or some other legal issue, the court can dismiss the union.

Can You Get Both a Divorce and an Annulment?

No, you cannot be both annulled vs divorced for the same marriage. Each option serves a different purpose and applies to specific situations, so it’s one or the other.

If you qualify for an annulment, you don’t need a divorce because the marriage will be erased. If your marriage doesn’t meet the requirements for annulment, divorce is your only option.

Annulment vs Divorce Cost

The cost of annulment varies depending on your state and whether the case is contested. In some cases, the annulment vs divorce cost may be similar or higher due to the evidence required to prove invalidity.

The Bottom Line

Deciding between annulment and divorce depends on your situation. If you’re unsure which option makes sense for you, take some review of the facts or reach out to a trusted professional for guidance.

Both divorces and annulments are hard to navigate without the right legal support. But with Henriksen’s experienced divorce attorneys by your side, you don’t have to face this alone. Contact us for a free consultation today!