A divorce ends a valid marriage. An annulment declares that a marriage was never legally valid. Annulments are less common and have specific grounds.
Common grounds for annulment
- Fraud, such as lying about something essential.
- Lack of capacity or consent due to age, mental incapacity or intoxication.
- Bigamy, where one spouse was already married.
- Close family relationship that prohibits marriage.
- Duress or force.
- Inability to consummate, in some states.
How it differs from divorce
- Annulment treats the marriage as void or voidable.
- Divorce is usually available on no-fault grounds.
- Annulments often have strict time limits.
- Courts may still divide property or address children in an annulment.
Religious annulments
A religious annulment is separate from a civil one and does not change legal status. A civil decree is needed to legally end the marriage.
Next steps
- Ask a family law attorney whether you have grounds.
- Gather evidence supporting the ground.
- File a petition in family court.
- Address children, support and property.
- Consider divorce if annulment is not available.
Frequently asked questions
Are children from an annulled marriage legitimate?
Yes, in most states.
Is annulment faster?
Not necessarily, and it may be harder to win.