Annulment vs Divorce: Key Differences to Know

Most of us are familiar with divorce, but what about annulment? Understanding the similarities and differences between an annulment vs divorce is essential. While most people end their marriages in divorce, you may be surprised by how frequently annulments occur.

But what is the difference?

Introduction

As a happy newlywed couple, you can see nothing but a magical future ahead. You begin merging your lives until the honeymoon period is over. Suddenly, the road ahead doesn’t seem so bright anymore. You are unhappy, and you want out. What do you do?

Do you get an annulment? Do you have to go through a divorce? What are your options? And what is the best option?

Annulment vs divorce: here are the key differences you need to know.

Annulment vs Divorce: What is it?

A divorce is a legal action in which the marriage is dissolved and terminated. You have a marriage record and proof of its legally valid status. And another record shows a judge legally ended it, allowing each spouse to be single again. A divorce can only take place in a legally valid marriage.

Either spouse can seek an annulment as long as they file a petition with the court – and states valid grounds or reasons for the request. On the other hand, an annulment is a legal ruling that wipes out the marriage because it was never legally valid in the first place. It is like the marriage never happened.

Each state will have its own rules for granting annulments. In California, a judge can grant the request based on one or more of the following:

• The couple finds out they are blood-related
• The practice of bigamy, or when one spouse is already married when married the second spouse
• The one requesting the annulment was not 18 years old at the time of the marriage
• The couple used fraud to obtain consent to marry
• One spouse has an “incurable physical incapacity,” such as male impotence
• One or both spouses had a mental condition, including severe intoxication
• The marriage took place due to coercion or force by the other spouse

Each situation will invalidate a marriage and allow a judge to annul it.

Annulment vs Divorce: Key Differences

While an annulment and a divorce signify the end of a marriage, a couple of crucial differences set them apart. Let’s take a look.

After the marriage, each spouse moves forward when the court declares that the marriage is over after an annulment. They return to two single individuals with no legal obligation to each other. However, when the court says that a marriage is over due to a divorce, the couple will often still have responsibilities to one another.

Property Division: The property division differs between annulment and divorce. Because a divorce dissolves a legally valid marriage, you’ll need to divide marital property and debts. As it pertains to an annulment, since the marriage was never legal, there was never any marital property or debts – so there is nothing for a judge to divide.

Alimony (Spousal Support): Alimony is another difference between an annulment and a divorce. Remember, the annulment wipes out marriage as if it never existed. Therefore, as a result, when filing for an annulment, you give up the right to ask for this spousal support.

Similarities Between Annulments and Divorce

There are some differences between annulments and divorce, but there are a couple of similarities.

Despite how you get to the outcome, becoming single and being able to legally remarry someone else is the result of both an annulment and a divorce.

One similarity deals with minor children. There is no difference between the children of a couple with an annulment vs divorce. Even though an annulment erases a marriage, the children of that marriage are still legitimate, and you can still establish parentage. As far as child custody goes, the same rules that apply to children in a divorce apply to annulments, as well. When it comes to child support, the state will use its child support guidelines unless the parents come to a mutually agreeable arrangement.

Another similarity between the two involves the burden of proof. Spouses may have the burden of proof just as a spouse would in a fault-based divorce. What does this mean? The individual petitioning the court for the annulment or the divorce will have to prove that the facts surrounding the petition demonstrate that the marriage meets the state’s criteria for granting it.

What is a Religious Annulment?

A church or other religious organization issues a religious annulment, and it is not something that a court files. And it does not hold any legal significance – unless a judge signs off on an annulment order. However, there is no guarantee that this will happen.

A religious annulment may be the only way to end a marriage for those with a religious belief that does not approve of formal divorce. It is important to note that if an annulment is filed legally within the court system, religious groups may not automatically accept it.

What is Right for You?

Being in a relationship that you would like to get out of can be tough. And you may find yourself questioning just how to do so best. Do you qualify for an annulment? Should you file for a formal divorce? There are many factors to consider, and California laws will determine the best option for you and your spouse.

Hiring an attorney is the best step you can take. Not only will their legal expertise help you determine how to proceed, but it also will give you insight into certain vital factors you may or may not have considered.

Ending a marital relationship is never easy – especially when children are involved. Look for an attorney with experience to make the best decision.