Is annulment cheaper than divorce?

Asked by: Isai Collier  |  Last update: June 2, 2025
Score: 4.7/5 (59 votes)

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.

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 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.

What are the two most common grounds 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 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 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.

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 are the benefits of an annulment?

Key advantages to getting an annulment include: Equal sharing of marital debt. You will not be required to pay more than your spouse for any outstanding debts that survive your marriage. An annulment will split any marital debts right down the middle.

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.

Is cheating grounds for annulment?

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.

Is a divorce or annulment cheaper?

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

Can I marry the same person after annulment?

As long as both parties are legally eligible to marry one another when they go to remarry, the fact that their first marriage was annulled would be no barrier to their remarriage, at least in California. But notice the requirement that both parties need to be legally eligible to marry one another.

What makes a marriage invalid?

From a legal standpoint, it is like it never occurred. Under Texas law, there are four grounds for declaring a marriage void: bigamy, incest, one spouse is under the age of 18 and is not legally emancipated, and a current or former stepparent and stepchild relationship between the spouses.

Can an annulment be reversed?

No, an annulment cannot be reversed unless the grounds that were the basis for the decree of nullity are demonstrably shown to be false. In order to issue a decree of nullity, the tribunal judges must reach moral certainty that an essential element to the consent of marriage was missing.

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.

What happens if the annulment is denied?

If your request for an annulment is denied by the court, you can file an amended petition that changes your request for annulment to a request for divorce or legal separation. After submitting this amended petition, you will follow the standard steps required to obtain a divorce or legal separation.

What are the different types of annulments?

There are two types of annulment—civil and religious—and you may wish for one or both, depending on your personal needs and situation. If you choose an annulment over a divorce, it's important to know the difference between the two types and how to get legal help.

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.

Can you get married without an annulment?

If you don't get a civil annulment or divorce, you may not legally remarry.

What is the most common ground for annulment?

Here are the most common reasons why spouses seek a marriage annulment: Fraud/misrepresentation: When a spouse lied about important issues relating to the marriage, the other spouse could seek to annul the union.

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.