Divorce vs. Annulment: Understanding Which Option Applies to Your Marriage
Marriage is hard, and figuring out how to end it can be even harder. The two main options for dissolving a marriage are divorce and annulment. Many people confuse the two or use them interchangeably, but they are not the same.
An annulment declares that a marriage was never valid. A divorce, on the other hand, ends a marriage that was considered valid.
Divorce and annulment both provide legal ways to end a marital relationship, but they serve different purposes. Divorce dissolves a valid marriage, while annulment erases one that should not have legally existed. Knowing the differences can help individuals choose the option that best aligns with their circumstances and protects their future. Here is a look at each option in more detail so you can understand which one will apply to you if you decide to part ways.
Understanding Annulments
A person can get an annulment when their marriage is not valid from the start. The judge must deem your marriage not legally valid. An annulment makes it so your marriage never happened. While this may seem like the ideal situation, it is not easy to prove.
To annul your marriage, you must give a reason why it was not valid. Being married for a short time is not a valid reason on its own to get an annulment. In California, there are eight reasons why you can get an annulment:
Incest. This refers to marriage among close family members (such as marriage to parents, siblings, aunts, uncles, nieces, and nephews).
Biagmy. This is when a person gets married even though they are already married to someone else.
You were a minor. If you were under 18 at the time of your marriage and did not have a judge's permission to marry, you can ask for an annulment.
Fraud. This is when your spouse has lied to you about something major, such as marrying you only to get a green card or hiding the fact that you cannot have children. You must also show that you would not have gotten married had you known the truth.
Incapacitation. You have to be mentally sound to decide to get married. You can ask for an annulment if you were not aware of what it meant to be married.
Inability to consummate the marriage. Not being able to have sex is a reason to end an invalid marriage. This is different from not being able to have children.
Coercion. Marriage must be done out of your own free will. If you were forced into marriage, then you may have grounds to get it annulled.
You thought your spouse was dead. This is not a common situation, but if you thought your or your spouse’s ex-spouse was dead, you can ask for an annulment if that person turns out to be alive.
California recognizes void and voidable marriages. The first two listed above, incest and bigamy, are considered void, while the others are voidable. The judge can decide whether or not they are invalid, but you should not wait. You typically have only up to four years to declare an annulment, and you must have a significant amount of proof to show that your marriage was not valid.
Annulments are often pursued for religious reasons. Certain religious traditions discourage or prohibit divorce but may allow annulments. Some faith communities recognize annulments as confirmation that a marriage was never spiritually valid. People who wish to remarry within their religious community may pursue an annulment so their church or religious authority will recognize their future marriage.
Understanding Divorce
When most people decide to end their marriage, they choose divorce. Divorce is the easier way to end a marriage because a divorce can happen for any reason, and no proof is required.
However, there is much more involved. Divorce legally ends a marriage, which means assets are split, and if there are children involved, the court must make decisions about child custody and support. Alimony may also be involved. A divorce can take a year or longer to resolve. Once the divorce has been finalized, the couple is no longer married. They can pursue romantic relationships with others and get married again.
California and all other states recognize “no-fault” divorces, which means there does not need to be a specific circumstance that caused the marriage to end. Couples can simply cite “irreconcilable differences” as the reason for ending the marriage.
Key Differences Between Divorce and Annulment
The main difference between divorce and annulment lies in how the law treats the marriage. Divorce acknowledges that the marriage was valid but has ended, while annulment states that the marriage was never legally valid.
Divorce is more available and is an option if the legal requirements are met. Annulments, on the other hand, are limited to specific legal grounds.
Time considerations also come into play. Divorce can occur after any length of marriage, while annulment claims often must be filed within a certain time after discovering the issue (typically within four years in California).
Property and support issues are also handled differently. Divorce courts typically divide marital property and may order spousal support. In annulment cases, courts may still address property or child-related matters, but the legal framework can differ because the marriage is considered void.
Keep in mind that even if a marriage is annulled, children born during the relationship remain legally legitimate. An annulment does not erase a person’s responsibilities as a parent. Both parents remain financially responsible. Courts will still address issues such as custody, parenting time, and child support to protect the best interests of the child.
Contact Us Today
There are a couple of ways to end a marriage. Divorce is the more common method and often the easier one, although an annulment may apply in certain cases.
Arcadia divorce attorney Ashley A. Andrews, APC, can assess your situation and help you understand what option will work best for you. There is no one-size-fits-all approach, but I can help you move on with ease. Fill out the online form or call (626) 346-0114 to schedule a consultation.
This material is provided for educational purposes only. Providing this information does not establish an attorney/client relationship. None of the information contained in this post should be acted upon without first consulting with an experienced family law mediator and attorney. Should you have questions about the content of this post, please arrange to discuss via a consultation.