MEDIA CONTACT INFORMATION
For media inquiries or to request a LegalZoom press kit, please contact:
Johanna Namir
LegalZoom.com, Inc
323-962-8600 x2310
press@legalzoom.com
LEGALZOOM NEWSLETTER
Sign up for our monthly newsletter, always packed full of helpful tips and informative articles.
Article Center
What's the legal difference between annulment and divorce?
-
Sep 2008
There are two ways to legally end a marriage - annulment and divorce. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased - legally, it declares that the marriage never technically existed and was never valid.
A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide.
An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:
Bigamy - either party was already married to another person at the time of the marriage
Forced Consent - one of the spouses was forced or threatened into marriage and only entered into it under duress
Fraud - one of the spouses agreed to the marriage based on the lies or misrepresentation of the other
Marriage Prohibited By Law - marriage between parties that based on their familial relationship is considered incestuous
Mental Illness - either spouse was mentally ill or emotionally disturbed at the time of the marriage
Mental Incapacity - either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent
Inability to Consummate Marriage - either spouse was physically incapable of having sexual relations or impotent during the marriage
Underage Marriage - either spouse was too young to enter into marriage without parental consent or court approval
Depending on your state of residence, a divorce can be much more complicated than an annulment. Like annulment cases, each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has produced children, a divorce proceeding determines custody of the children, visitation rights and spousal and child support issues.
Each state can have either a "no-fault" divorce or a "fault" divorce. A no-fault divorce allows the dissolution of a legal marriage with neither spouse being named the "guilty party" or the cause for the marital break-up.
Many states now offer the "no-fault" divorce option, a dissolution of a legal marriage in which neither party accepts blame for the marital break-up. In the absence of a "guilty party," some states require a waiting period of a legal separation before a no-fault divorce can take place. For this reason, in addition to cases where one spouse wishes to assign blame, some parties seek to expedite the legal process by pursuing a traditional, "fault" divorce.
A "fault" divorce is only granted when one spouse can prove adequate grounds. Like an annulment, these grounds vary from state to state, however, there are some overarching commonalities. These guidelines often include addition to drugs, alcohol or gambling, incurable mental illness, and conviction of a crime. The major grounds for divorce that apply in every state are listed below:
Adultery - one or both spouses engages in extramarital relationships with others during the marriage
Desertion - one spouse abandons the other, physically and emotionally, for a lengthy period of time
Physical/Emotional Abuse - one spouse subjects the other to physical or violent attacks or emotional or psychological abuse such as abusive language, and threats of physical violence
Your state law and particular situation will determine whether or not your annulment or divorce will be simple or complex. Familiarizing yourself with the laws for your particular state is the best way to learn what your rights are in the case of a marital dissolution.
Most Viewed in Divorce
Comments
Submitted by on May 6, 2010 - 6:40PM
After almost 3 yrs marriage when my daughter was 3 mos. old I discovered my husband was a pedophile of huge proportions. He lied to me since before our marriage that his old computer related possession of child pornography was a "judicial misunderstanding" since he accidently downloaded a few pictures of 16 & 17 yr. old dancers and was given a few months probation in the early '90s. He is now in federal detention since Nov. 2008 awaiting trial for "possession of child pornography, over 100 counts." Aftr extensive investigation by TBI, Nashville PD and TN Dept. of Child Services I was cleared of any knowledge and have since moved home to TX with my daughter. The evidence is said to be over 1 million pictures, 5,000 videos, "erotic stories," etc. on an elaborate server system operated both from our home and his computer software office. I want an annulment on the grounds of gross fraud and misrepresentation of himself. Please advise of my options, if any, in TX. Thank you very much.
Sincerely,
Angela Austin Pate
Submitted by on Jun 8, 2010 - 12:37PM
Hi Angela, thanks so much for thinking of LegalZoom. While our company makes creating legal documents easy and affordable, we can't give specific legal advice about annulment and what your rights may be in your situation. If you want help finding an attorney, try our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on May 15, 2010 - 9:53AM
My husband and I have been married for 8 months and I am 6 months pregnant with his child. we both want to get an annulment.Would we be able to get one? we really don't want to get a divorce. We still want to be together but we don't want to be married.
Submitted by on Jun 8, 2010 - 12:43PM
Thanks for your inquiry. Unfortunately, LegalZoom doesn't offer annulment documents, nor can we advise you on your options given your specific situation. If you want help finding an attorney who could help you with that, try our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jul 21, 2010 - 12:49PM
Hi Peggy, thank you for your interest in LegalZoom. We don't offer anullment documents at this time, but we'd be glad to connect you with a local lawyer to assist you. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jul 9, 2010 - 9:02PM
how do I get an annulment in Nevada, 30 min afteer the marage, wife said she wished we had not done it, marrage was never consumated
Submitted by on Jul 30, 2010 - 2:06PM
Hi Anthony, thanks for your question! Unfortunately, we don't offer anullment documents at this time, nor can we offer legal advice. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com. Do keep in mind, however, that we offer Uncontested Divorce documents which might be able to assist you. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/legal-divorce/divorce-overview.html
Submitted by on Aug 11, 2010 - 8:46AM
Probably won't help you now, but why annul it...Just don't file the paperwork. You are not married on paper until someone turns in the marriage license signed by the pastor and witnesses.
Submitted by on Jul 10, 2010 - 9:27PM
I am from california and married in california . I would like to file annulment because my husband is still married in the Philippine. We have a child and we have been married for 15 years , he dosen't stay here long when he visits us. I have some assets under my name and was wondering is it subject for communal property?
Submitted by on Jul 30, 2010 - 2:08PM
Hello, and thanks for your question. We'd love to help, but we don't offer anullment documents at this time, and we can't offer legal advice. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com. Do keep in mind, however, that we offer Uncontested Divorce documents which might be able to assist you. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/legal-divorce/divorce-overview.html
Submitted by on Aug 3, 2010 - 12:41AM
need downloadable forms to get an annulment in the state of california.
Submitted by on Aug 10, 2010 - 3:46PM
Hi Sanette, thanks so much for your interest in LegalZoom. Unfortunately, we don't offer anullment documents. We can help you find a lawyer to answer any questions you may have about that service, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Aug 26, 2010 - 6:49AM
i've beed married for 2 years and i want my marriage to be annulled how can i do that while i am still in the military
Submitted by on Sep 18, 2010 - 6:40PM
i have been separated with my husband for almost 11 months now
he has no work at all and we always argue on things.and there has been a third party involved in his side..i want to have an annulment..tell me pls wat to do wer to start ..thanks and god bless
Submitted by on Oct 7, 2010 - 12:56PM
Hi Gizelle, and thanks for your question. We wish we could help, but we don't currently offer annulment documents. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Sep 28, 2010 - 3:13PM
I was together with my husband for 10 years and 6 months after we got married he asked for divorce and I left the apartment. He contacted me days after to talk and he would tell me that we could work things out but he could never live with me again because I left our apartment he would always tell me give us time and we would work it but mean while he would tell me take your name of the lease because I dont want you to be part of it no more. It has been already more than a month since our separation but I see things are getting worse every day that passes our 1 yr anniversary for marriage is in March would I have to file for a divorce or a anullment? and what are the steps I should take?
Submitted by on Oct 7, 2010 - 12:28PM
Hi there, and thanks for your question. Just a reminder: our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com With that said, we do offer Uncontested Divorce documents. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/legal-divorce/divorce-overview.html
Submitted by on Oct 13, 2010 - 5:54PM
I have to get an annulment on my first marriage in order to get my children baptized> how do I get started?
Submitted by on Nov 3, 2010 - 10:19AM
Hi Bill, thanks for your inquiry. Unfortunately, LegalZoom at this time does not offer Annullment documents. If you would like an attorney to assist you, please refer to http://attorneyconnect.legalzoom.com.
Submitted by on Oct 24, 2010 - 12:30PM
Hi,
How long a time will it take for a marriage to be annuled? As a divorce would take atleast a year as per indian laws..
Submitted by on Nov 22, 2010 - 5:19PM
Hi Pinkie, thanks for thinking of LegalZoom. Unfortunately, LegalZoom does not offer Annulment documents. We only offer Uncontested Divorce documents. For more information on our divorces, please give us a call at 1-800-962-7490. For Annulments specifically, we can help you find an attorney that can assist you. Feel free to refer to http://attorneyconnect.legalzoom.com
Submitted by on Nov 8, 2010 - 6:15PM
My Wife and I separated in 1980. I have had a Partner for 30 years. We provided Financial Support, and I recently gave hermy CalVet home. I would like to see, if after 30 years, I have to get a Divorce, or can I do an Annulment?
Submitted by on Dec 16, 2010 - 12:07PM
Hi Larry, thanks for your interest in LegalZoom. Unfortunately, LegalZoom does not offer Annulments, however we do offer Uncontested Divorce documents. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/legal-divorce/divorce-overview.html
Submitted by on Nov 16, 2010 - 4:33PM
WHAT PAPERS DO I NEED TO DIVORCE TO MY SPOUSE MYSELF? AND WHERE CAN I OBTAIN THEM?
Submitted by on Dec 16, 2010 - 6:30PM
Hi Gerald, thanks so much for your questions. Here at LegalZoom we do offer Uncontested Divorce documents. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/legal-divorce/divorce-overview.html
Submitted by on Jan 13, 2011 - 7:38AM
my husband and i have 6 month of marriage,and i want to have information about annulment because we dont get along with each other we dont have intimacy and other personal problems that im embarrased to say.
Submitted by on Jan 28, 2011 - 5:07PM
Hello, thanks for your question. Unfortunately, at this time we do not offer any documents or services regarding annulments. We can help you find an attorney that may be able to guide you through that process, however. Please refer to: http://attorneyconnect.legalzoom.com
Submitted by on Mar 13, 2012 - 11:35AM
you are telling my complete story. how can i get an anolment without paying for it? i am a disabled man and only since we have been together i became disabled and now she doesnt wanty to be with me. so now im looking for away out of this problem of mariage. i have no money to pay for it. how can i get the forms that i need for free?
Submitted by on May 9, 2012 - 10:38AM
Hi Mark - Thank you for contacting LegalZoom. While we do make the preparation of uncontested divorce documents easy, we are a paid service. You may wish to visit http://www.legalzoom.com/legal-divorce/divorce-overview.html for more details. You may also wish to contact your state bar association to see what resources they have available.
Submitted by on Jan 23, 2011 - 4:31PM
I was reflective the other hour that there must be a way with a view my kids to business at home what they learn in class. Then it belabour me - songs!! Take a tune common hoop-shaped and round in their heads and they'll not at all taking it!
Submitted by on Jan 28, 2011 - 7:30AM
please read this about marriage annulments. Please review for future usage
Submitted by on Jan 31, 2011 - 2:55AM
why is divorce have not come to Philippines yet? Why is annulment cost too high despite it has smaller range of condition than of divorce?
Submitted by on Sep 25, 2011 - 4:38AM
The Philippines is a Catholic country. Due to this the church leaders have some level of influence on the government's decision whether to legalize divorce or not.
Submitted by on Apr 8, 2011 - 1:52PM
I live in Ohio and I have been married for 3 years and I wanted to know whether I need a divorce or an anulment because I don't want to be with my husband any more. We have a child together and he doesn't want to get a job to support us and he still lives with his parents while I am living with some relatives, because I'm not aloud to live at my in-laws and he won't try to help me find a place for us to live, and he's very immature! I was 17 when we got married and we had only been dating for 3 month.
Submitted by on May 3, 2011 - 8:16AM
Hi, and thank you for your inquiry. LegalZoom can definitely assist you in preparing a divorce document as long as the divorce is uncontested. Uncontested means both parties are willing and able to sign the documents. Give us a call at 800-962-7490 for more info. If this does not fit your situation, feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.
Submitted by on May 3, 2011 - 6:18PM
Hello, I have Been married 4 month, and the both of us are completely unhappy, and know we are not right for eachother... how do I get an annulment in Florida so we can both go our own way? We have no children
Submitted by on May 20, 2011 - 9:38AM
Hi, and thank you for your inquiry. Though we don't currently prepare annulment documents, LegalZoom can certainly assist you in preparing Divorce documents for a Summary Dissolution. If you'd like to learn more, please visit http://www.legalzoom.com/divorce-guide/divorce-introduction.html or feel free to contact us at (800) 962-7490.
Submitted by on Oct 27, 2011 - 7:47PM
Hello, I have been married for 10 years now. We got married in India and have 2 kids. Can I get a divorce here? I am currently not working, will I still get custody of kids?
Submitted by on Jan 21, 2012 - 6:31PM
hi !i've been married for almost 3years .. my problem is my husband and his son , everytime we argue we end up threating divorec ,his son always want to involve in are arguement ... i just wondering if file a divorce do i get something from him . his retired marine , before we got married his so nice a year later he change ..
Submitted by on Feb 16, 2012 - 8:13AM
Hi Molly--Thanks for contacting LegalZoom. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding your divorce. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.
Submitted by on Jun 22, 2012 - 2:04PM
Hi Dana - Thank you for contacting LegalZoom. While we cannot give legal advice on whether a contested annulment would be dismissed, we may be able to help you find an attorney who can assist and advise you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
Submitted by on Jul 5, 2012 - 2:13AM
i live in las vegas been married 4 months out of two months was good heslow down on his drunking like two beers after work he didnt yell at me we were happy told me i could use his truck if i like he would give me money and promise me he would not lie to me about haveing more then to beers after work or call me hurt words yell at me or grab me by my arms and throw me out with my things and not spen all money at the casino well after the two good months he went back to the old him hes throws my stuff he throws beer on my hair please help me i have no money but if i have to i will sell my laptop thank you
Submitted by on Jul 13, 2012 - 2:18PM
We are sincerely sorry to hear of your situation. While our specialty is legal documents, not legal advice, we may be able to help you find an attorney who can assist and advise you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
Submitted by on Jul 16, 2012 - 10:52PM
hello hi my husband and i have 2 monthes marriage i need information about announment
Submitted by on Jul 18, 2012 - 12:23PM
Thank you for contacting LegalZoom! While we do not offer annulment documents, we may be able to help you find an attorney who can assist and advise you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
Submitted by on Sep 5, 2012 - 8:27AM
hi! i have been separated for almost 3years, but my ex husband doesnt support my 2 children, i already charged him for concubinage but unfortunately court did not side on me, i really want to have an annulment, but if i file il be the one to shoulder all the expense,i cant afford to take all the expense. what should i do to legalize my separation with him? thanks
Please note that we can’t answer legal questions in the article comments. If you have a specific legal question, click here to connect with an attorney.