What are the two types of annulment?
Asked by: Rodrigo Koepp | Last update: February 16, 2026Score: 4.6/5 (31 votes)
The two main types of annulment are Civil (Legal) Annulments, granted by the state or government to declare a marriage invalid in the eyes of the law, and Religious Annulments, issued by a religious body (like the Catholic Church) that declares a marriage invalid under its own faith rules, which are separate from legal standing. A civil annulment treats the marriage as if it never existed, while a religious one allows remarriage within that specific faith but doesn't change your legal status.
Are there different types of annulments?
Two types of annulments are possible, civil, and religious annulments. Marriages may be annulled on grounds of it being void or voidable. If a marriage is void, it was not legally enforceable at its inception. Void marriages are typically annulled on grounds prohibited by law.
What are the two common grounds for annulment?
The two most common grounds for a legal marriage annulment are fraud/misrepresentation (deception about a fundamental aspect, like an inability to have children or a criminal past) and bigamy/incest (one spouse was already married or the parties are too closely related), though others like underage marriage, duress, or mental incapacity are also frequent reasons. Annulments declare a marriage was never valid, unlike divorce, which ends a valid marriage.
What is the difference between a religious annulment and a legal annulment?
A court grants a civil annulment, which is legally recognized. On the other hand, a religious annulment is granted by your affiliated religious institution, such as a church. However, it's important to note that a religious annulment does not have the legal power to nullify a marriage.
What's the difference between an annulment and a dissolution of marriage?
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.
California Annulments of Marriage - The Law Offices of Andy I. Chen
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.
Can you remarry after an annulment?
Divorce and civil annulment are two legal procedures for ending a marriage. After both annulment and divorce, the former spouses are free to remarry.
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 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.
Does an annulled marriage count as a marriage?
An annulment (or nullity) is when a judge says in a court order that your marriage or domestic partnership is not legally valid. This means something was legally wrong with the marriage from the start. If you get an annulment, it's like your marriage never happened because it was never legal.
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.
How long does an annulment usually take?
Uncontested Annulments
Usually, a judge will simply review the request, and you might also be required to attend a hearing. An uncontested civil annulment can take anywhere from a few weeks to several months, depending on the case workload of the family court involved.
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.
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 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.
Which is faster, annulment or divorce?
Common Myths About Annulments in California
Myth: Annulments are faster than divorces. Truth: Annulments can take just as long—or even longer—because you need legal proof. Myth: An annulment erases all records of marriage. Truth: The marriage is still documented but legally treated as invalid.
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.
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.
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.
Do both spouses have to agree to an annulment?
You can only get an annulment if you can prove to the judge that there is a legal reason your marriage wasn't valid from the start, even if you both agree to an annulment.
What are the benefits of a silent divorce?
It shouldn't be a secret forever.
“That doesn't necessarily mean they're a bad idea: In the short term, a silent divorce can help with grieving, transitioning, and supporting each other through the process,” he says. Emphasis on short term. “Ending a relationship is hard,” Lundquist continues.
Can you remarry without an annulment?
Can you remarry without an annulment? No, you need to finalize a divorce or get an annulment before you can legally remarry. Otherwise, you might face bigamy charges, which are illegal everywhere. If you're thinking about remarrying and are unsure about annulment or its effects, it's important to get legal advice.
What is the 5 year remarry rule?
Ideally, an individual who obtained a green card through marriage should wait at least 5 years before getting remarried to a foreign national.
What are the disadvantages of annulment?
Disadvantages of an Annulment
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 happens after a marriage is annulled?
Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.