What's the Legal Difference Between Annulment

and Divorce?

There are two ways to legally end a marriage - annulment and divorce. An annulment is
a legal procedure which cancels a marriage between a man and a woman. Annulling a
marriage is as though it is completely erased - legally, it declares that the marriage
never technically existed and was never valid.
A divorce, or legal dissolution of a marriage, is the ending of a valid marriage
between a man and a woman returning both parties to single status with the ability to
remarry. While each individual state has its own laws regarding grounds for marriage
annulment or divorce, certain requirements apply nationwide.
An annulment case can be initiated by either the husband or the wife in the marriage.
The party initiating the annulment must prove that he or she has the grounds to do so
and if it can be proven, the marriage will be considered null and void by the court. The
following is a list of common grounds for annulment and a short explanation of
each point:
Bigamy - either party was already married to another person at the time of
the marriage
Forced Consent - one of the spouses was forced or threatened into marriage and only
entered into it under duress
Fraud - one of the spouses agreed to the marriage based on the lies or
misrepresentation of the other
Marriage Prohibited By Law - marriage between parties that based on their familial
relationship is considered incestuous
Mental Illness - either spouse was mentally ill or emotionally disturbed at the time of
the marriage
Mental Incapacity - either spouse was under the influence of alcohol or drugs at the
time of the marriage and was unable to make informed consent
Inability to Consummate Marriage - either spouse was physically incapable of
having sexual relations or impotent during the marriage

Underage Marriage - either spouse was too young to enter into marriage without
parental consent or court approval
Depending on your state of residence, a divorce can be much more complicated than an
annulment. Like annulment cases, each state has its own set of laws regarding divorce.
In most divorce cases, marital assets are divided and debts are settled. If the marriage
has produced children, a divorce proceeding determines custody of the children,
visitation rights and spousal and child support issues.
Each state can have either a no-fault divorce or a fault divorce. A no-fault divorce
allows the dissolution of a legal marriage with neither spouse being named the "guilty
party" or the cause for the marital break-up.
Many states now offer the "no-fault" divorce option, a dissolution of a legal marriage in
which neither party accepts blame for the marital break-up. In the absence of a "guilty
party," some states require a waiting period of a legal separation before a no-fault
divorce can take place. For this reason, in addition to cases where one spouse wishes to
assign blame, some parties seek to expedite the legal process by pursuing a traditional,
"fault" divorce.
A "fault" divorce is only granted when one spouse can prove adequate grounds. Like an
annulment, these grounds vary from state to state, however, there are some
overarching commonalities. These guidelines often include addition to drugs, alcohol or
gambling, incurable mental illness, and conviction of a crime. The major grounds for
divorce that apply in every state are listed below:
Adultery - one or both spouses engages in extramarital relationships with others during
the marriage
Desertion - one spouse abandons the other, physically and emotionally, for a lengthy
period of time
Physical/Emotional Abuse - one spouse subjects the other to physical or violent
attacks or emotional or psychological abuse such as abusive language, and threats of
physical violence
Your state law and particular situation will determine whether or not your annulment or
divorce will be simple or complex. Familiarizing yourself with the laws for your particular
state is the best way to learn what your rights are in the case of a marital
dissolution and help you determine whether an annulment vs. divorce is right
for you.