Is it better to annul a marriage or divorce?
Asked by: Myrtle Stracke | Last update: July 30, 2025Score: 4.2/5 (52 votes)
Overall, there's no real advantage to annulment, unless you're concerned with the stigma that may come with a divorce. Some couples would like to avoid divorce for religious reasons, but you'll still need to meet your state's requirements for a legal annulment of your marriage.
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.
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.
What are the two types of grounds for annulment that are common in many states?
Annulment nullifies a marriage by declaring it void. This action arises from reasons proving the marriage's initial invalidity. Common grounds include fraud, coercion, incapacity, or pre-existing marriages. Legal codes in jurisdictions define these factors specifically.
How long does annulment 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 and Divorce
What are the benefits of an annulment?
- 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.
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 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 is the most acceptable ground for annulment?
- 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.
- One of you is still married to someone who you thought was dead, but isn't.
Which of the following is a valid reason to get a marriage annulled?
Common grounds for annulment include fraud, bigamy, incest, one spouse being underage at the time of marriage, unsound mind, physical incapacity, or force.
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.
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 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.
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 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.
When should I get a divorce?
If you've tried everything, from having open and honest conversations to seeing a marriage counselor, but the conditions still haven't improved, that's when you know it's time to end a marriage. Continuing to work at a relationship that isn't salvageable will only make you frustrated, exhausted, and burnt out.
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.
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.
What is the most commonly stated grounds for divorce?
The most commonly reported major contributors to divorce were lack of commitment, infidelity, and conflict/arguing. The most common “final straw” reasons were infidelity, domestic violence, and substance use. More participants blamed their partners than blamed themselves for the divorce.
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 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.
What are the advantages and disadvantages of divorce?
Divorce can cause positive and negative outcomes for both the parents and children involved. Among the pros are greater freedom, room for growth, and an improved environment for children. However, stress and financial challenges can complicate outcomes for the family.
Can you get married without an annulment?
If you don't get a civil annulment or divorce, you may not legally remarry.
Who needs an annulment?
Grounds for a Civil Annulment
These often include fraud or misrepresentation, lack of consummation, incest, bigamy, lack of consent, unsound mind, or force. This probably means that you will need to consult a lawyer, which is an expense that you may not need to incur if you are pursuing a no-fault divorce.
Why would someone ask for an 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.