{"id":351765,"date":"2026-02-18T15:48:44","date_gmt":"2026-02-18T20:48:44","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/family\/divorce\/how-marriage-annulments-differ-from-divorces-and-the-grounds-for.html"},"modified":"2026-02-18T15:48:41","modified_gmt":"2026-02-18T20:48:41","slug":"how-marriage-annulments-differ-from-divorces-and-the-grounds-for","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/how-marriage-annulments-differ-from-divorces-and-the-grounds-for.html","title":{"rendered":"Annulment vs. Divorce: What’s the Difference?"},"content":{"rendered":"\n
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Annulment vs. Divorce: What's the Difference?<\/h1>\n\n
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\n By Jade Chounlamountry, Esq.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Divorces and annulments are two ways to dissolve a marriage.  Divorces legally end a marriage, while an annulment completely erases it.  After the court approves an annulment, it is as though the marriage never existed.<\/p>\n

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Divorces and annulments both have the same effect \u2014 they\u00a0dissolve the marriage<\/a>. Where they differ is in how they view the marriage.<\/p>\n

This article explores the legal differences between\u00a0annulment<\/a>, divorce, and extrajudicial religious annulment.<\/p>\n

The Difference Between Annulment and Divorce: An Illustration<\/h2>\n

To understand the differences between annulment and the divorce process, look at these two hypothetical situations.<\/p>\n

Couple A decided to call it quits after five years of marriage.\u00a0The union was valid when they got their marriage license, but now they wish to end it.<\/p>\n

Depending on the marital property laws of their state, their combined\u00a0assets and liabilities will be divided<\/a>\u00a0equally or equitably. One spouse may pay alimony to the other. A divorce settlement determines child support, child custody, and visitation. A judge will decide if the couple can’t agree on the terms.<\/p>\n

All states recognize no-fault divorce. But only 17 states are true “no-fault” divorce states. A no-fault divorce does not need the filing spouse to prove the other spouse did anything wrong to end the marriage. A no-fault divorce could claim irreconcilable differences as a reason for divorce. In fault divorces, spouses file a divorce based on a ground determined by state law.<\/p>\n

Couple B was happily married for several years until the wife found a demand letter seeking child support payments from her husband.\u00a0He left his first family a year before she met him. She had no idea he was married or that he had children.<\/p>\n

Since he misrepresented or concealed important information, she petitioned\u00a0for annulment<\/a>\u00a0in family court, providing evidence of his concealment or lie. The court agreed, declared the marriage null and void, and the two parties went their separate ways as if they were never married in the first place.<\/p>\n

If Couple B had children together, the courts would still go through the child custody, visitation, and support process. Given the father’s misrepresentation, the court would probably be more sympathetic to the mother in this scenario. But, the focus would still be on the best interests of the child(ren). The couple’s property and debts may be subject to property division, but there are no specific rules since the granting of the annulment means the marriage never legally existed.<\/p>\n

The main difference between divorce proceedings and annulments is the conclusion. Divorce ends a legal marriage. An annulment says that the marriage was never legal.<\/p>\n

Civil Annulments<\/h2>\n

Civil annulments<\/a>\u00a0are a form of relief for people in situations in which they would never have married. A person must have a good reason to get one. There is no such thing as a no-fault annulment case; there must be legal grounds, such as:<\/p>\n