How does annulment differ legally from divorce?
Asked by: Mohammad Auer | Last update: February 17, 2026Score: 5/5 (3 votes)
Legally, divorce ends a valid marriage, creating a formal record and dividing assets, while an annulment declares the marriage never legally existed due to specific issues like fraud, bigamy, or incapacity at the time of the wedding, effectively erasing it as if it never happened and potentially impacting spousal support rights. Annulments require strict, specific grounds (like fraud or underage marriage) that prove invalidity from the start, unlike divorces, which often use no-fault grounds like "irreconcilable differences".
Why would you get an annulment instead of a divorce?
People seek annulments instead of divorces for religious, social, or financial reasons, wanting the marriage treated as if it never existed due to fraud, force, bigamy, incest, or incapacity (like mental state or age) at the time of the wedding, avoiding divorce's stigma and potentially bypassing property division or alimony. An annulment declares the marriage legally void, while a divorce ends a valid one, so eligibility depends on proving specific legal grounds, not just marital breakdown.
What are valid grounds for an annulment?
Annulments may also be granted to a spouse under the age of 18, where marriage occurred without lawful parental consent or court approval, where a party lacked the mental capacity to consent to marriage, where one of the parties lacked the physical capacity to consummate the marriage and the other was not aware of that ...
Are annulments easier than divorce?
Annulments require a specific set of circumstances and evidence to be granted while a divorce is easier to attain.
Does annulment erase the marriage completely?
Annulment is done to completely erase a marriage record, and make it look as if the marriage never happened in the first place. After the procedure, the marriage will appear as if it never technically existed and was not valid.
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What is the most common reason for annulment?
An annulment is a court ruling that a marriage was never valid. The most common ground for annulment is fraud and misrepresentation. For example, one person may not have disclosed to the other a prior divorce, a criminal record, an infectious disease, or an inability to engage in sex or have children.
How long can you be married to have an annulment?
There's generally no fixed time limit on marriage length for an annulment, but rather on the grounds (reasons) for it, with strict deadlines applying to some reasons like fraud or duress (often within months or a few years of discovery), while others, like incest or bigamy, might allow for annulment at any time, though waiting makes it harder to prove and resolve issues like assets and custody. The key is proving the marriage was invalid from the start, and the longer you wait, the more a court might treat it like a divorce, making it complex to get an annulment.
What are the most common grounds for annulment?
The most common grounds for annulment involve fraud, bigamy, incest, underage marriage, mental incapacity, duress, and impotence, all focusing on the idea that the marriage was never valid from the start, unlike divorce, which ends a legal marriage. Common issues include one spouse hiding major facts (like infertility or a criminal record) or being unable to consent due to intoxication, mental illness, or being forced into the union.
Why do people get their marriage annulled?
A marriage qualifies for annulment if it was invalid from the start due to grounds like bigamy, incest, fraud, duress, mental incapacity, being underage, or physical incapacity (like impotence) at the time of the wedding, essentially meaning the couple couldn't legally consent or the union never truly met legal requirements. Annulments declare a marriage void, as if it never happened, unlike a divorce which ends a valid marriage.
How long does the average annulment take?
Annulments can range from a few weeks to several months. The timeline largely depends on the case's details, the legal reasons for annulment, and the completeness of the paperwork and proof provided.
Why would an annulment be denied?
Reasons an Annulment Request May Be Denied
Not having enough evidence is a common problem; for example, if you claim fraud but don't have enough proof, the annulment might be denied. It's important to gather strong and convincing evidence before making a request. Mistakes in the process can also cause denial.
How much does an annulment cost?
An annulment is utilized by couples to render a marriage invalid. It is essentially a legal procedure that makes it appear that you and your partner should not have been married in the first place. The average annulment will cost between $500-$5,000, according to Costaide.
Is cheating a ground for annulment?
If your spouse cheated after the wedding – This is not a ground for annulment, but it is a valid ground for legal separation. You may also consider filing a criminal case for adultery (if you're the husband) or concubinage (if you're the wife), depending on the circumstances.
What evidence is needed for annulment?
Evidence needed for an annulment focuses on proving the marriage was invalid from the start, requiring documentation like messages, medical records, or financial statements to support grounds like fraud, bigamy, incest, duress, underage, or incapacity, often supplemented by witness testimony to show the defect existed at the time of the ceremony. The core evidence must prove the marriage was never legally valid, not just unhappy.
Can you still marry after annulment?
Legal Status After Annulment
Once a marriage is annulled, the parties regain their status as single individuals, free to marry someone else.
Is an annulment cheaper than a divorce?
No, annulments in California are usually more expensive and financially burdensome compared to divorces. Obtaining a civil annulment through the court system requires a significant amount of time and resources. It involves extensive paperwork, gathering evidence, and sometimes even investigations.
Why is annulment worse than divorce?
The most significant difference between the two is that a divorce ends a legally valid marital union, whereas an annulment declares a marriage invalid. While every marriage could potentially one day end in divorce, only marriages that meet specific qualifying criteria can be erased with an annulment.
Does annulment erase the marriage entirely?
When ending a marriage, most people think of divorce. But in some cases, the law allows for something different: an annulment. While divorce acknowledges that a valid marriage has ended, an annulment wipes it away entirely, as if the marriage never happened.
Is a sexless marriage grounds for an annulment?
The law around annulment for non-consummation of a marriage
The court stated that case law has indicated a marriage can only be annulled for this reason if there is an incapacity to consummate the marriage springing from “physical or psychological limitations beyond the control of the refusing party.
What are valid reasons for annulment?
A marriage qualifies for annulment if it was invalid from the start due to grounds like bigamy, incest, fraud, duress, mental incapacity, being underage, or physical incapacity (like impotence) at the time of the wedding, essentially meaning the couple couldn't legally consent or the union never truly met legal requirements. Annulments declare a marriage void, as if it never happened, unlike a divorce which ends a valid marriage.
How long can a marriage be annulled?
For example, in California, annulment requests should generally be filed within four years for fraud. However, states like Texas may require annulment petitions within a shorter time frame for specific grounds.
Can you get an annulment without the other person knowing?
While it might seem easier to keep your spouse in the dark, the law generally requires that both people be informed about the annulment process. This ensures fairness and allows both parties to share their side. Ignoring this requirement can lead to the annulment being overturned.
Why would someone want an annulment instead of a divorce?
People seek annulments instead of divorces for religious, social, or financial reasons, wanting the marriage treated as if it never existed due to fraud, force, bigamy, incest, or incapacity (like mental state or age) at the time of the wedding, avoiding divorce's stigma and potentially bypassing property division or alimony. An annulment declares the marriage legally void, while a divorce ends a valid one, so eligibility depends on proving specific legal grounds, not just marital breakdown.
What percent of annulments are granted?
Now, according to Vatican figures, about 50,000 annulments are granted annually by U.S. tribunals _ more than two-thirds of all annulments worldwide _ and less than 10 percent of annulment applications are denied.
How do I know if my marriage can be annulled?
A marriage in the state of California can be annulled if any of the following is true: The marriage is incestuous (the spouses are close blood relatives) The marriage is bigamous (one spouse is already marriage to one or more others)