Annulment Vs Divorce, One Erases Your Marriage Like It Never Happened

Here’s what most people get wrong: annulment doesn’t just end your marriage—it legally erases it, as if it never happened. Divorce, on the other hand, acknowledges your marriage was valid but terminates it going forward.

That’s the core difference, and it matters enormously for everything from property division to what box you check on legal forms.

Only about 1% of marriages end in annulment because the legal bar is incredibly high. You can’t get an annulment just because you changed your mind, married quickly, or realized you made a mistake. You need specific legal grounds that prove your marriage was flawed from the start.

The Direct Answer: What’s the Difference Between Annulment and Divorce?

Divorce ends a valid marriage. It says: “This marriage existed, was legal, but now it’s over.”

Annulment declares your marriage was never valid to begin with. It says: “This marriage was legally defective from day one and should never have existed.”

The practical differences:

Legal status after divorce: You’re legally divorced, formerly married
Legal status after annulment: Legally, you were never married (though you’re not considered “single” either—you’re “annulled”)
Property division in divorce: Courts divide marital property based on state law
Property division in annulment: In many states, there’s no “marital property” to divide since the marriage never existed (though courts can still order equitable distribution)
Spousal support in divorce: You may qualify for alimony
Spousal support in annulment: Generally not available since you were never legally married
Ease of obtaining: Divorce is available to anyone; annulment requires specific legal grounds

Why Annulment Is So Much Harder to Get

You can get divorced for almost any reason—”irreconcilable differences” works in every state. Annulment? You need to prove one of these specific grounds existed when you got married:

Common Legal Grounds for Annulment:

Fraud or Misrepresentation

Your spouse lied about something fundamental (ability to have children, hiding a criminal history, lying about wanting children, concealing infertility)
The lie must be significant enough that you wouldn’t have married if you’d known the truth

Concealment

Hidden addiction, serious illness, pregnancy by another person, impotence, or criminal record
The concealment must go to the heart of the marriage relationship

Bigamy

Your spouse was already married to someone else when you married
This makes your marriage void automatically

Underage Marriage

One spouse was below the legal age to marry (usually 18, though varies by state)
Without proper parental consent where required

Incest

You’re too closely related by blood to legally marry
Automatically void in all states

Mental Incapacity

One spouse lacked mental capacity to understand the marriage commitment
Includes intoxication at the time of marriage (though this is hard to prove)

Force or Duress

You were coerced, threatened, or forced into marriage
Must prove you didn’t consent freely

Inability to Consummate

Physical inability to have sexual relations that was hidden before marriage
Must be incurable and unknown to you at the time

The Time Limits That Trip People Up

Here’s where annulment gets even trickier: most states have strict time limits.

Common Time Restrictions:

Fraud cases: Often 4 years from discovering the fraud (not from the marriage date)
Underage marriage: Usually must file before reaching age 18 or shortly after
Mental incapacity: Limited window after regaining capacity
Force or duress: Short timeframe after escaping the coercive situation
Non-consummation: Varies widely, often 1-3 years

Important: If you continue living together as a married couple after discovering grounds for annulment, courts may rule you “ratified” the marriage—meaning you accepted it despite the defect. This bars annulment.

State laws vary dramatically. New York allows annulment for fraud within specific timeframes. California provides different grounds than Texas. Illinois has its own set of rules and time limits.

What Happens to Your Kids and Property?

The Big Question: “If my marriage never existed, are my kids illegitimate?”

No. Every state protects children born during annulled marriages. They have full legal rights—inheritance, child support, custody arrangements—exactly as if born during a valid marriage.

Property Division in Annulment:

Technically, annulment means no “marital property” existed. But modern courts won’t leave someone destitute:

Equitable distribution: Most states allow courts to divide property fairly even after annulment
Separate property: What you brought into the marriage stays yours
Jointly purchased items: Courts determine fair division based on contributions
No alimony: Generally unavailable after annulment (exceptions exist in some states)

Divorce Property Division:

Courts follow either community property (50/50 split) or equitable distribution rules
All marital property acquired during marriage gets divided
Spousal support is available based on income disparity, marriage length, and other factors

Religious Annulment vs Civil Annulment: They’re Completely Different

Civil annulment is a legal court process that affects your legal marital status, taxes, property rights, and government records.

Religious annulment (primarily Catholic) is a church process that affects your standing within your religion and ability to remarry in the church.

Key differences:

Getting a Catholic annulment doesn’t change your legal status—you’re still legally married unless you also get a civil divorce or annulment
Getting a civil annulment doesn’t affect your religious status—the Catholic Church may still consider you married
You can have one without the other
Catholic annulment is much more common than civil annulment and has different grounds (lack of consent, psychological incapacity, etc.)

Most Catholics who want to remarry in the church get a civil divorce first (because it’s easier), then seek a Catholic annulment for religious purposes.

Annulment vs Divorce, One Erases Your Marriage Like It Never Happened (Here's Which One You Actually Qualify For)

The Cost and Process Differences

Divorce Process:

File petition in family court
Serve your spouse
Navigate property division, custody, support negotiations
May take 6 months to 2+ years depending on complexity
Cost: $15,000-$30,000+ for contested divorce; $500-$5,000 for uncontested

Annulment Process:

File petition proving specific grounds
Provide evidence (witnesses, documents, testimony)
Prove the defect existed from day one
May require trial if contested
Often faster than divorce if grounds are clear
Cost: $500-$5,000 for uncontested; $10,000+ if contested

Filing fees range from $200-$500 depending on your state.

When Annulment Actually Makes Sense

Consider annulment if:

You discovered your spouse was already married
You were forced or coerced into marriage
Your spouse lied about something fundamental (like fertility, criminal history, or intentions)
You married underage without proper consent
You have religious reasons to avoid divorce
Your marriage was extremely short and qualifies under your state’s law

Divorce is probably your option if:

You simply changed your mind or made a mistake
You’re incompatible or have irreconcilable differences
You’ve been married more than a few years
The problems developed during the marriage (not before)
You want a guaranteed path forward without proving specific grounds

State-Specific Differences You Need to Know

New York: Allows annulment for fraud, but you must prove the fraud goes to the “essence” of the marriage contract

California: Provides grounds including incest, bigamy, age, prior existing marriage, unsound mind, fraud, force, and physical incapacity

Texas: Recognizes void marriages (bigamy, incest, underage) and voidable marriages (fraud, impotence, duress)

Illinois: Strictly limits annulment grounds and timeframes; most people can’t qualify

Florida: Allows annulment but courts are very restrictive about granting them

Check your state’s family law statutes or consult with a local family law attorney to understand your specific options.

Common Myths About Annulment

Myth: “I can get an annulment because we were only married briefly.” Reality: Length of marriage doesn’t automatically qualify you—you need specific legal grounds.

Myth: “Annulment is faster and easier than divorce.” Reality: Annulment is usually harder because you must prove grounds; divorce just requires filing.

Myth: “If we never consummated the marriage, I automatically get an annulment.” Reality: Non-consummation is a ground in some states, but there are time limits and requirements.

Myth: “Getting a Catholic annulment ends my legal marriage.” Reality: Religious and civil processes are completely separate.

Myth: “My kids will be illegitimate if we get an annulment.” Reality: Children are fully protected legally regardless of annulment.

Frequently Asked Questions

How long do you have to be married to get an annulment?

There’s no minimum time requirement—you could seek annulment immediately if grounds exist. However, most states have maximum time limits (often 1-4 years depending on the grounds).

Is annulment cheaper than divorce?

Not necessarily. If uncontested, both can cost $500-$5,000. Contested cases run $10,000-$30,000+ for either option. Annulment may involve more court time proving grounds.

Can I get an annulment if my spouse doesn’t agree?

Yes, if you can prove valid legal grounds. Unlike divorce (which can be unilateral), annulment requires evidence regardless of whether your spouse agrees.

What’s easier to get, annulment or divorce?

Divorce is almost always easier. Every state offers no-fault divorce, while annulment requires specific grounds and proof.

Does annulment affect Social Security benefits?

Yes—since the marriage never existed legally, you wouldn’t qualify for spousal Social Security benefits based on an annulled marriage.

How does annulment affect taxes?

You’d file as “single” for all tax years, potentially requiring amended returns. This differs from divorce where you’re “married” until the divorce is final.

Can you remarry after an annulment?

Yes, you’re free to marry. Legally, your previous marriage never existed.

What if I lied on the annulment petition?

Lying to the court is perjury and can result in criminal charges, denial of your petition, and sanctions.

What You Should Do Next

If you’re considering annulment:

Consult a family law attorney immediately—time limits are strict
Gather evidence of the grounds (documents, witnesses, communications)
Check your state’s specific laws on annulment grounds and timeframes
Consider whether divorce might be easier and achieve the same practical result
Don’t wait—continuing to live as married may eliminate your annulment option

If you’re considering divorce:

Understand your state’s divorce laws (waiting periods, residency requirements)
Gather financial documents (tax returns, bank statements, property records)
Consider mediation for uncontested divorces
Consult an attorney especially if property, children, or support are involved

The Bottom Line: Annulment declares your marriage was legally flawed from the start, while divorce ends a valid marriage. Most people don’t qualify for annulment’s strict legal grounds and tight time limits—divorce is the realistic path for ending most marriages.

If you’re within the first few years of marriage and discovered serious fraud, concealment, or other qualifying grounds, annulment might be possible. Otherwise, divorce is your option.

This article provides general information about annulment and divorce and should not be considered legal advice. Family law varies significantly by state, and annulment eligibility depends on specific circumstances and timing. Consult with a family law attorney in your state for guidance specific to your situation.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah

Annulment vs Divorce, One Erases Your Marriage Like It Never Happened (Here’s Which One You Actually Qualify For)