What is better, an annulment or a divorce?
Asked by: Una Lemke | Last update: January 17, 2026Score: 4.1/5 (35 votes)
Like a divorce, an annulment releases you from your voidable marriage and allows you to remarry legally. There is no division of property following an annulment. Unlike a divorce, wherein both parties may have conflict over who owns what and how to divide marital property, an annulment skips that complex step.
Why get an annulment instead of divorce?
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.
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 most common grounds for an 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.
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.
What is the Difference Between an Annulment and a Divorce?
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.
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.
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.
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.
Can you get an annulment if your spouse cheated?
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 is annulment hard to get?
You must also prove you are filing for the annulment within the statute of limitations for the situation in question. This burden of proof, which requires you to prove a reason you need the annulment, is starkly different from divorce in California, which can proceed for grounds as simple as irreconcilable differences.
Which of the following is not grounds for an annulment?
Many divorcing couples wish they had never married in the first place, but regret is not a valid reason to seek an annulment in California.
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 annulling a marriage?
- 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.
Is it better to divorce or stay unhappily married?
A study showed that unhappily married adults who divorced were no happier than unhappily married adults who stayed married. Divorce did not typically reduce symptoms of depression, raise self-esteem, or increase a sense of mastery. Divorce or separation is likely the best outcome in a destructive marriage.
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.
How long until a marriage Cannot be annulled?
And some think there's an annulment time frame after which you can't have a marriage annulled. But there's no time limit on when you may annul a marriage.
Does my ex have to agree to an annulment?
Conclusion. 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.
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.
What are the most common grounds for annulment?
Legal Grounds for Annulment
One party is legally unable to get married because they're already married to someone else. The parties are too closely related by blood to legally get married under state law. One party is underage and did not have parental consent to enter into the marriage.
How do you prove annulment?
The only way to obtain a civil annulment that legally dissolves your marriage is by proving one of the grounds established by state law. These often include fraud or misrepresentation, lack of consummation, incest, bigamy, lack of consent, unsound mind, or force.
What is null and void marriage?
Nullity of marriage, on the other hand, means that the marriage is held null and void, that is the marriage is legally non-existent and a valid marriage did not take place at all. While divorce relates to sustainability of marriage, nullity refers to validity of the same.
Are annulments hard to get?
Proving these grounds in court is not always easy. It requires substantial evidence, and the burden of proof lies on the party seeking the annulment. For this reason, civil annulments are quite rare and hard to get. It is often much “easier” to get a divorce.
Is cheating grounds for annulment?
No, cheating is not grounds for annulment. Annulments are available only for specific statutory grounds which include such things as incest, bigamy, and mental incapacity.
Is annulment easier than divorce?
Complexity: Annulment cases can be more complex than divorce cases. The burden of proof is on the person seeking the annulment. They must show that the marriage is invalid, void, or voidable.