The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid.  

Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again.Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, the marriage records remain on file even if the marriage is erased. An annulment does not mean that the marriage never happened; it means that the marriage was never legally valid.

The 2015 Supreme Court Obergefell decision legalized same-sex marriage in the United States and requires all states to grant annulments and divorces to same-sex couples.

In legal matters, “grounds” are the basis for an action—the reasons why a decision is justified. There are different reasons for pursuing a divorce versus an annulment. At the core, ending a marriage is generally because one or both spouses want to leave the union.

Fault vs. No-Fault Divorce

Common grounds cited for fault divorces can include adultery, imprisonment, or abandonment. In no-fault divorce, neither party is required to prove fault on the part of their spouse in order for the divorce to be granted. No-fault divorce is legal in every state. “Irreconcilable differences” is often cited as grounds for a no-fault divorce. Regardless of type, the divorcing couple may still have disputes about property, finances, child custody, and more that must be settled through court orders. Fault divorces can lead to larger settlements for the party without fault.

Annulment

An annulment ends a marriage that at least one of the parties believes should never have occurred. The legal grounds for obtaining an annulment vary from state to state. In most cases, to qualify for an annulment, one or more of the following must be present:

One or both spouses were forced or tricked into the marriage. One or both spouses were not able to make a decision to marry due to a mental disability, drugs, or alcohol. One or both spouses were already married at the time of the marriage (bigamy). One or both spouses were not of legal age to marry. The marriage was incestuous. One spouse concealed a major issue, such as substance use, criminal history. a child, or an illness, from the other.

Because one of these conditions must be met and proven in court for an annulment to be granted, annulments are much less common than divorces.

Timing of Annulment vs. Divorce

Often, people assume that a very brief marriage can be ended with an annulment due to the short duration. But short duration is not legal grounds for an annulment. The marriage still has to meet one or more of the conditions above in order for it to be annulled. Either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without many disputes or disagreements about how to do so.  In addition, a marriage that has lasted a long time may not qualify for an annulment. Many states will not grant an annulment after a certain length of time. For example, in California, an annulment on grounds of fraud (one partner alleges that the other partner deceived them into agreeing to the marriage) must be requested within four years of discovery of the fraud. An annulment may be filed very shortly after a marriage. But in some states, a couple must be married or partnered for a minimum period of time (such as one or two years) before filing for divorce. And some states require that the couple live apart for a period of time before either can file for divorce.

After an Annulment or Divorce

Among the differences between the two types of marriage dissolution: After an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. After a divorce, the former spouses may still have obligations to each other, such as spousal support and division of shared property.

Finances

After a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each others’ profits or property gained during the marriage. With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage.

Children

If a couple has children and their marriage is annulled, the children are still considered “legitimate,” (i.e., not born to unmarried parents). But in some states the assumption of parentage changes, and as part of the annulment process, the judge must establish the children’s parentage. After that (or immediately, in states where the assumption does not change), the court and/or the state can determine custody and support requirements as it would in a divorce proceeding. No matter what, children are still entitled to the support of both parents, even if their parents’ marriage is considered invalid. The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in other religious rituals.

A Word From Verywell

Both divorces and annulments are legal proceedings that can be complicated. If you are pursuing a dissolution of your marriage or partnership, consult an attorney familiar with marriage and family law in your state and your own personal circumstances for legal advice. For religious annulments, the process will depend on your denomination. Check with a religious leader to learn more about the process. The tribunal will then review the case and determine whether or not the marriage is canonically invalid. This process is separate from a legal annulment. But like a legal annulment, children born of the marriage are still recognized as legitimate even if the marriage is declared null. There was an error. Please try again.