A divorce ends a valid marriage, while an annulment declares that the marriage was never legally valid.
Divorce
Ends a valid marriage. It involves division of property, support and custody.
Annulment
Declares that a marriage was never legally valid. Grounds include fraud, bigamy, incest, underage marriage or inability to consent.
Time limits
Annulments often require filing within a limited period.
Religious annulment
Catholic annulments are separate from civil law.
Effect
Children of annulled marriages are still legitimate in most states.
What a divorce does
A divorce legally ends a valid marriage. Courts divide property and debts, and decide spousal support, child custody and child support. About 673,000 divorces occurred in the US in 2021 across 45 reporting states and DC, according to CDC data, a rate of 2.5 per 1,000 people.
What an annulment does
A civil annulment declares that a marriage was never legally valid, as if it never happened. It’s available only on specific grounds.
Grounds for civil annulment
- Bigamy, where one spouse was already married.
- Fraud or misrepresentation about something essential.
- Lack of consent or being forced.
- Being under the legal age without consent.
- Mental incapacity or intoxication when marrying.
- Close family relationship (incest).
- Inability to consummate the marriage, in some states.
Time limits
Some grounds have strict deadlines, for example, fraud claims must be filed soon after discovering the issue. State rules differ.
Children and property
Children of an annulled marriage are still legitimate, and courts can still decide custody and support. Property division may apply in many states.
Religious annulment
In the Catholic Church, a declaration of nullity says that a sacramental marriage was not valid from the start. It is separate from civil law. A person may need a civil divorce and a church annulment.
Who might choose it
People who married under invalid conditions, short marriages, or those who object to divorce for religious or personal reasons.
Cost and process
Costs depend on the state and complexity. A lawyer can explain which route fits your situation.
Legal effect and grounds
A divorce ends a legally valid marriage. An annulment declares that the marriage was never valid in the eyes of the law. Grounds for a civil annulment vary by state and often include fraud, bigamy, incest, underage marriage without consent, mental incapacity, force or duress, or inability to consummate the marriage. Time limits can apply, and long marriages are usually handled by divorce. Even with an annulment, courts can address child custody, support, and in many states division of property. Children born to the couple are considered legitimate.
Religious annulments
A religious annulment, such as one granted by a Catholic Church tribunal, is separate from a civil one and does not change legal status or the legitimacy of children. It declares that a valid sacramental marriage did not exist, allowing remarriage in the church. A civil divorce is usually needed first. Because rules differ by state, consult a family law attorney. Courts may require evidence, and the spouse can contest the claim.
Based on data from the Cornell Legal Information Institute and the United States Conference of Catholic Bishops
