Annulment vs. Divorce: What Is the Difference?
A divorce ends a valid marriage, while an annulment declares that a valid marriage never existed. Annulments are available only on specific grounds, such as bigamy, marriage between close relatives, being underage without consent, fraud, duress or lack of capacity, and some grounds have time limits. Children of annulled marriages are still legitimate, and courts can still decide custody and support.
People often ask for an annulment because the marriage was short, but length alone is usually not a ground. Annulment is about whether the marriage was valid in the first place.
Key differences
| Divorce | Annulment | |
|---|---|---|
| What it does | Ends a valid marriage | Declares the marriage was void or invalid (Cornell LII) |
| Grounds | No-fault grounds available everywhere | Specific legal defects only |
| Property and support | Divided under divorce rules | Varies; some states give limited property or support rights |
| Children | Custody and support decided | Same; children remain legitimate |
Void vs. voidable marriages
- Void marriages are invalid from the start (Cornell LII), such as bigamy (one spouse was already married) or marriage between close relatives.
- Voidable marriages are valid until a court annuls them, for example when a spouse was underage without required consent, lacked mental capacity, was forced (duress), was deceived about something essential (fraud), or was physically unable to consummate and the other spouse did not know.
Time limits
Many voidable grounds must be raised within a limited time, and continuing to live together after learning the facts can waive the right to annul. Underage marriages may be ratified if the couple continues living together after reaching legal age.
Fraud is narrow
Fraud must go to the essence of the marriage, such as marrying solely to obtain immigration benefits or hiding an intention never to have children, depending on state law. Lying about money or past relationships usually is not enough.
Religious annulment
A religious annulment from a church is separate from a civil annulment. One does not create the other.
Which to choose
If no annulment ground applies, divorce is the route, and it may be faster. Annulment can matter for religious reasons, for some benefits, or when the marriage was never valid. See how to file for divorce.
A family lawyer can tell you whether your facts support an annulment in your state.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.