Why do people want annulment instead of divorce?

Asked by: Ramona Dietrich  |  Last update: July 22, 2025
Score: 5/5 (30 votes)

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 do people want an annulment?

But overall, the annulment process is there to help a person devastated by divorce by offering the opportunity to sort out what happened, recognize the poor choices they made, make peace with the past, and finally move forward in life with a clear and distinct direction.

Why get an annulment vs divorce?

A divorce does not abrogate marital immunities for actions that took place during the marriage, while an annulment would generally make it possible to bring criminal prosecutions or sue the other spouse for conduct that occurred during the putative marriage.

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.

What are the grounds for annulment in the Catholic Church?

Some common grounds for annulment requests include that a petitioner never intended to be permanently married or faithful, and that mental illness or substance abuse prevented them from consenting to a lifelong marriage.

Like it Never Happened! Understanding Annulment vs Divorce!

21 related questions found

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 a Catholic remarry after annulment?

But an annulment – a declaration from the church that a marriage was never valid – makes it possible for divorced Catholics to enter a new marriage and still be eligible to receive Communion.

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 was considered a justifiable reason for an annulment of a marriage?

The most common reasons a marriage qualifies for an annulment in California include: One party was under the age of 18 at the time of the marriage. One party committed bigamy—entering into a second marriage while a prior marriage was still valid. One party forced the other party to get married against their wishes.

What makes a marriage invalid for Catholics?

For example, if a person is forced to give consent (say, by violence), the consent is invalid and so too the marriage. Or, for example, if someone excludes an essential element or property of marriage at the time of marrying, like fidelity, the consent is invalid and so too the marriage.

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.

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.

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.

Is it better to annul or divorce?

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.

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.

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 are good reasons for annulment?

Legal reasons a judge can annul a marriage
  • 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 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.

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 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 after annulment?

After the trial, the court will issue a decision. If the judge grants the annulment, the marriage is declared null and void.

How hard is an annulment?

Due to the serious nature of an annulment and the requirement that each partner has to give up rights that would be granted in a standard divorce (i.e. spousal support and division of property) the state of California takes granting annulments very seriously.

How many Catholic marriages end in annulment?

Among Catholics who have gone through a divorce, about a quarter (26%) say they or their former spouse sought to have their marriage annulled by the church.

What did Jesus say about divorce?

(Matthew 19:8-9)

Jesus replied, "Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning. I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery” (Matt 19:8-9, NIV).

Do you need an annulment if your ex-husband dies?

While most states don't void a marriage after one of the people in the marriage dies, since the need for the annulment would be based on hearsay of the surviving spouse or third parties, an annulment can take place if the marriage was illegal and therefore invalid when it took place.