If it’s time for you and your spouse to part ways, you’re likely wondering what’s the best way to do that. Sometimes, the way a marriage began can affect how it ends. For instance, if there were legal or personal issues at the start, like one partner being underage or unable to consent, you might be able to seek an annulment. If that’s not the case, divorce is likely the more appropriate option. Knowing the difference between annulment vs. divorce can help you choose the best path forward.
Annulment vs. Divorce: What’s the Difference?
Annulment and divorce both end a marriage, but they differ significantly. While divorce legally ends a valid marriage, annulment declares that the marriage was never valid under the law.
That’s an important distinction. Unlike some divorces, which can be finalized without a trial, an annulment always requires proof. You must show a legal reason (such as fraud, coercion, or incapacity to consent) for the marriage to be considered invalid. This involves a hearing or trial before a judge, so you’ll need an experienced family law attorney in your corner.
Understanding Annulment
An annulment treats a marriage as if it never legally happened. A judge examines the evidence and determines whether the marriage was ever valid under the law.
Things can get tricky when both civil and religious marriages are involved. A civil annulment is done through the court and changes your legal marital status. It requires specific legal reasons, like fraud or being forced into the marriage.
A religious annulment, like one from a church, is different since it doesn’t affect your legal status. These may be important for personal or spiritual reasons, but only a civil annulment can legally erase a marriage. Even if your church grants an annulment, you still need to go through the court to make it official in the eyes of the law.
What Are the Grounds for Annulment?
According to the New York State Senate, there are several grounds for annulment:
- Bigamy: One spouse was still legally married to someone else. The new marriage is automatically invalid.
- Underage marriage: A spouse was under 18 without proper permission. Only the underage spouse can request annulment.
- Mental incapacity: A spouse was incapable of understanding the marriage due to developmental or mental illness. There are detailed stipulations about who may bring an action and in what timeframe.
- Inability to consummate: If a spouse is permanently unable to consummate the marriage and the other didn’t know, annulment must be requested within 5 years.
- Force or fraud: A marriage entered under pressure, threats, or deception can be annulled, unless the couple stayed together afterward.
- Incurable insanity: One spouse has had a serious mental illness for at least 5 years with no hope of recovery.
- Incest: Marriages between close blood relatives are illegal, void, and may carry criminal penalties.
Proving a valid reason for annulment can be tough. You need strong evidence to show the marriage was never legally valid, and that has to be presented in court. That’s why having an experienced lawyer is so important. They can help you understand the legal process, gather the right evidence, and speak on your behalf to protect your rights.
Annulment vs. Divorce: Which Is Right for Me?
It’s much harder to obtain an annulment than it is to get a divorce. But if you’re eligible under any of the grounds above, it may be worth seeking. There are some benefits to annulment over divorce:
- Alimony or spousal support responsibilities are rare or absent in annulments
- There is typically no court-mandated division of property
- Prenuptial agreements do not come into play during annulment
Annulment and divorce differ in how they affect marital status, but both address child custody, child support, and visitation based on the best interests of the child, regardless of how the marriage ends. Neither annulment nor divorce alters the legal status or rights of the child, nor does it affect the obligation to support them.
If your marriage was legally valid, divorce is likely the right option. Divorce allows you to divide assets, request support, and make custody arrangements. Unlike annulment, you don’t need to prove the marriage was invalid. You just need to show that the relationship can’t be repaired.
Divorce is more common and often more straightforward, especially if you’ve been married for a while or share children or property. Attorney Michelle Cimino can help you decide what’s best.
Have Questions About Annulment vs. Divorce? Contact Us Today!
Choosing between annulment and divorce is about finding the path that’s right for you. But you don’t have to face it alone. Attorney Michelle Cimino brings the knowledge, experience, and compassion needed to guide you.
Contact us today for a confidential consultation. We’re here to help you move forward with clarity, confidence, and fairness.
