While both dissolve the union, they accomplish this split in different ways.
Divorce acknowledges that a marriage existed and is now over.
Annulment, on the other hand, states that a marriage was never legally valid in the first place.
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How Are Annulment and Divorce Defined, Exactly?
A religious annulment is not a legal dissolution of a civil marriage.
There are different reasons for pursuing adivorceversus an annulment.
At the core, ending a marriage is generally because one or both spouses want toleave the union.
A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed.
No-fault divorce is legal in every state.
“Irreconcilable differences” is often cited as grounds for a no-fault divorce.
Fault divorces can lead to larger settlements for the party without fault.
The legal grounds for obtaining an annulment vary from state to state.
But short duration is not legal grounds for an annulment.
In addition, a marriage thathaslasted a long time may not qualify for an annulment.
Many states will not grant an annulment after a certain length of time.
An annulment may be filed very shortly after marrying.
And some states require that the couplelive apartfor a period of time before either can file for divorce.
It is as if the clock is turned back to before the marriage.
Instead, they will revert to the financial state they were in prior to the marriage.
Most U.S. states require divorcing or separating parents to attend divorce education classes.
However, specific requirements may vary depending on the legal requirements in your jurisdiction.
Religious Annulments
Many religions have guidelines regarding divorce and annulment.
Often, permission is granted by religious clergy or by written guidelines.
Which Is Better: Annulment or Divorce?
There is no superior option when considering whether to get an annulment or divorce.
Both types of marriage dissolution can be costly and involve lengthy legal proceedings.
The laws where you live may change or limit your options.
For example, divorce is currently illegal in the Philippines, although bills have been proposed to change this.
Takeaways
Both divorces and annulments are legal proceedings that can be complicated.
For religious annulments, the process will depend on your denomination.
Check with a religious leader to learn more about the process.
They must also give the tribunal names of people outside the marriage who can answer questions about it.
The tribunal will then review the case and determine whether or not the marriage is canonically invalid.
This process is separate from a legal annulment.
A family law attorney in your state may be able to estimate how long the annulment process will take.
The cost of an annulment may be similar to the cost of a divorce.
Do both agree on the facts of the case?
Do they have children?
If there are disputes to be resolved, the case will take longer and therefore cost more.
No, an annulment is not necessarily easier than a divorce.
Supreme Court of the United States.Obergefell et al.
v. Hodges, Director, Ohio Department of Health, et al.
2016;28(4):386-392.doi:10.1080/09540261.2016.1210577
Hartman MN.Annulment of marriage.Ann Am Acad Political Soc Sci.
1969;383(1):89-100. doi:10.1177/000271626938300109
California Courts.Annulment.
Stark B.Spousal support since the enactment of no-fault divorce: Small change for women.Fam Court Rev.
2024;23(2).
doi:10.58464/2168-670X.1479
Xu X, Bartkowski JP.Remarriage timing: Does religion matter?.Religions.
United States Conference of Catholic Bishops.Annulment.
Cornell Law School Legal Information Institute.Void or annulled marriage.
