Is annulment easier than divorce?

Asked by: Jake Halvorson  |  Last update: March 20, 2025
Score: 4.3/5 (73 votes)

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.

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.

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.

Is getting an annulment easy?

The reality is more complex. An annulment is not easy by any means, and the church will examine your circumstances with an eye towards reconciliation and repair.

How long does it take to get an annulment?

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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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 much is it to get a marriage annulled?

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.

Is cheating enough for annulment?

A person who finds out a spouse is already married would have grounds to seek an annulment, but that goes beyond infidelity. While infidelity can destroy trust and end marriages, it doesn't nullify the legal bond recognized by the state.

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 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 percentage of annulments are granted?

The short answer is perhaps between 80–90%. The long answer is more complicated. According to Pew Research, 26% of all divorced Catholics in the US have sought an annulment.

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.

Can I get an annulment without my spouse knowing?

If a judge finds good reason to annul a marriage – and the judge has the support of one spouse or their representatives – then the judge will not need the consent of the other person to issue an annulment.

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.

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.

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.

How long after marriage can you annul?

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 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.

Do you need witnesses for an annulment?

The annulment process calls for testimonials from witnesses who are familiar with the various stages of a marriage, from initial courting through to the end of the marriage. Helpful witnesses for the annulment process include parents, grandparents, aunts/uncles, or close friends.

Can you date during annulment?

If that's the case, then you are still presumed to be married in the eyes of the Church. This is why priests and theologians will as a rule tell you that it is inappropriate for a Catholic to be dating other people while waiting for an annulment to be granted.

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.

Do you need proof of cheating for divorce?

California is a no-fault divorce state, which means that neither party has to prove that the other is at fault for the marriage ending. This includes infidelity.

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.

Do I need an annulment to get married again?

If you don't get a civil annulment or divorce, you may not legally remarry. But you may get a religious annulment after a divorce—for instance, so that you can remarry in the church. It's more difficult to get an annulment than a divorce, because state laws allow only a few legitimate reasons to annul a marriage.

How to fill out annulment paper?

The person requesting the annulment will first have to fill out a declaration of nullity, so that the request is official and in writing. With this declaration, you'll also need to include a written testimony about the marriage, as well as a list of people who are willing to answer questions about your marriage.