When a marriage encounters serious difficulties, many people consider legal
options to formally end the relationship. Two common legal processes that
dissolve a marriage are divorce and annulment. While they may seem similar at
first glance, they have distinct legal meanings and implications. Understanding the
difference between divorce and annulment is essential for anyone facing marital
challenges.
What is Divorce?
Divorce is the legal process that ends a valid marriage. When a couple chooses to
divorce, they acknowledge that the marriage existed but has broken down beyond
repair. Divorce formally terminates the marital relationship and addresses related
matters such as division of assets, spousal maintenance (alimony), child custody,
and child support.
Divorce is typically pursued after the marriage has endured for some time but can
no longer continue due to irreconcilable differences, infidelity, abuse, or other
issues. It recognizes the marriage as valid but legally ends it moving forward.
What is Annulment?
Annulment, on the other hand, is a legal declaration that a marriage is void or
invalid from the very beginning-as if the marriage never legally existed. Unlike
divorce, which dissolves a valid marriage, an annulment treats the marriage as
never having been valid in the eyes of the law.
Annulments are granted based on specific grounds, which vary by jurisdiction, but
common reasons include:
- One or both parties were underage or lacked the legal capacity to marry.
- Fraud, misrepresentation, or concealment of significant facts (such as a
hidden criminal record or existing marriage). - Lack of consent due to coercion, duress, or mental incapacity.
- The marriage was incestuous or prohibited by law.
Because annulment erases the marriage from a legal standpoint, it often affects
rights related to property division and spousal support differently than divorce.