Annulment vs Divorce

What's the Difference?

An annulment is similar to a divorce, in that it ends a marriage completely. However, there are many things that render it different from a divorce that you should be aware of, particularly if you are involved in or considering being involved in one.

A divorce ends the marriage permanently, but it leaves anything that was a result of the marriage at the time intact, at least before the divorce. However, to annul a marriage is different.

Annulling a marriage essentially declares the marriage to have never taken place, due to it being an invalid marriage. Naturally, the standards to prove this are much higher than those to allow a divorce.

Annulment can be done for a variety of reasons. All of these reasons share a common idea. This idea is that the marriage was not valid in the first place. For example, one reason that would allow an annulment case to be initiated is if one spouse was forced to enter the marriage, rather than consenting to it freely.

Other legitimate reasons to annul a marriage include fraud, mental incapacity, and underage marriage, all of which show a lack of meaningful consent. Additionally, a marriage can be annulled if either spouse was unable to consummate the marriage.

Divorces are quite different. A divorce can be based on behavior that happened during the marriage, rather than before it. For example, a divorce can be initiated for reasons of adultery or abuse, as well as many other reasons. A divorce case can even be initiated simply because one or more parties do not wish to be married, though this can be slightly more complicated. An annulment is quite different from this. Annulments can only occur when a very specific set of conditions have occurred before the marriage entirely.

As you can see, there are many important differences between annulment and divorce. While both of these procedures end a marriage, they carry different requirements and cause different things to happen. Divorces may be easier to get, but are not appropriate for all situations. Annulments are more specific, but are even less likely to be appropriate.

It is important that if you are ending a marriage, you educate yourself about your rights and responsibilities. It may be difficult to do this, but it is the only way that you can be sure your interests are protected.

If you need assistance getting a divorce or an annulment you may choose to use a divorce lawyer or you can do it yourself. Legalmatch will provide lawyer assistance.Need a Divorce Lawyer?

Return from Annulment to Divorce Laws