Is an annulment cheaper than a divorce?

Asked by: Josefina Ruecker  |  Last update: February 13, 2025
Score: 4.3/5 (55 votes)

An annulment is usually cheaper than a divorce proceeding. However, this is not sufficient reason to push for an annulment.

Why would someone want an annulment instead of a divorce?

If your marriage was invalid, you might prefer an annulment over a divorce for a variety of reasons: Spouses who legally annul their marriage don't usually have to pay alimony or spousal support. The division of property is more straightforward in annulment than in divorce proceedings.

What are the most common grounds for annulment?

For some of these reasons, you must file a request for an annulment in certain amount of time (usually 4 years).
  • You were under 18 at the time of the marriage.
  • You were tricked into the marriage (fraud)
  • You didn't have the mental capacity to marry (unsound mind)
  • One of you is physically unable to consummate marriage.

Are annulments expensive?

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.

How long does the annulment process take?

How Long Does an Annulment Take? Since every case is different, it's difficult to put a timeline on the annulment process. That said, the most extensive cases can take anywhere from nine to 18 months, while some of the shorter ones take a matter of weeks.

Annulment Versus Divorce

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Why would an annulment be denied?

At the time of the marriage, either party was already legally married. At the time of the marriage, either party was ruled incapacitated, incapable of making the decision to marry. At the time of the marriage, either spouse was a minor and did not have parental or court permission to marry.

How much is it to get a marriage annulment?

Costs are always changing, as are filing fees, but you can often get your marriage annulled for a few hundred to a few thousand dollars.

What percentage of annulments are denied?

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.

Can you still marry if you are annulled?

Divorce and civil annulment are two legal procedures for ending a marriage. After both annulment and divorce, the former spouses are free to remarry.

Do both parties have to agree to an annulment?

You don't need the agreement of both parties for an annulment to happen, but you do need persuasive evidence to prove to the courts why your marriage should be declared null and void.

What is the disadvantage of annulment?

Disadvantages of an Annulment

Issues or fault are highly probative in an annulment proceeding. Unlike divorce, where fault is not an issue, in an annulment proceeding fault can have a huge impact on how property is split, whether support is issued and how attorney fees are paid. There is no per se community property.

Can you annul a marriage for cheating?

It is more difficult to get an annulment than it is to get a divorce. Before your marriage can be annulled by the court, you will be required to prove that you have valid grounds for an annulment. Infidelity is not recognized as one of the grounds for annulment.

Why do people get their marriages annulled?

The marriage is void because it's bigamous (means on spouse is legally married to more than one person), incestuous) the couple is closely related by blood or marriage), the union consists two under aged people, or because one spouse is permanently mentally, incapacitated and unable to consent to marriage.

Can you remarry without an annulment?

Without an annulment, the Church still views you as married to your former spouse, which prevents you from entering into another sacramental marriage. This is why seeking an annulment is crucial if you wish to remarry within the Catholic Church. Everyone deserves another chance at a life that reflects their faith.

What makes a marriage void?

Grounds for determining a marriage void as against public policy include consanguinity, one of the parties is under the age of sixteen, or that at the time of the marriage either party was already lawfully married. If a marriage was not legally valid, the law says that it never existed.

What happens if you don't report a previous marriage?

As long as the previous marriages ended legally, there is no legal requirement for disclosure UNLESS the marriage license specifically asks about them.

What is the longest you can be married to get an annulment?

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.

What are the benefits of an annulment?

Key advantages to getting an annulment include:
  • Equal sharing of marital debt. ...
  • Prenuptial agreements are invalidated. ...
  • The potential to remarry. ...
  • There is no division of property following an annulment. ...
  • Typically faster than a divorce, especially in the case of void marriages, which do not require lengthy court hearings.

What happens after annulment?

After the trial, the court will issue a decision. If the judge grants the annulment, the marriage is declared null and void.

How long does it take for an annulment to be approved?

The process can take anywhere from a few weeks to a few months, on average. The length of the annulment investigation process will primarily depend on how much information you can provide up front.

Is it easier to get an annulment than a divorce?

There are two main ways to formally end a marriage: annulment and divorce. An annulment declares that a marriage was never valid, while a divorce legally concludes a valid marriage. Annulments require a specific set of circumstances and evidence to be granted while a divorce is easier to attain.

How do you win an annulment?

You must give a reason why your marriage wasn't legal from the start
  1. One of the spouses is married to another person (bigamy)
  2. You got married when you were under 18 and it wasn't legal to do so.
  3. Your spouse tricked you to get you to agree to marry them.

Can one person annul a marriage?

An annulment case can be initiated by either party in a marriage. The party initiating the annulment must prove that they have the grounds to do so, and if it can be proven, the marriage will be considered null and void by the court.

Do you need both signatures for an annulment?

You Don't Need Both Signatures for an Annulment

You can obtain an annulment without ever getting your spouse's signature. A spouse does not have to participate in the annulment process if they choose not to, although this will likely not help their case.

Do I need an annulment for a non-Catholic marriage?

For instance, a Catholic may want to marry a spouse whose first marriage took place outside of the Church or in a non-catholic church. In short, yes. However, in order to be married in the Catholic Church, the spouse's first marriage must be annulled.