Difference Between Divorce and Annulment
By Rebecca Rodriguez - March 22, 2022

Divorces and annulments are two legal terms used frequently in the marriage industry. Although both terms usually signal the termination of a marriage contract, they have a primary difference. While a divorce acknowledges that a marriage occurred, an annulment declares the marriage contract null and void.

Table Summary

DivorceAnnulment
Although the marriage contract is over, the law doesn’t question the validity of the marriage contract.An annulment ends the marriage contract and deems the marriage null and void
Adultery, desertion, and separation are the most common reason for divorce.Certain void and voidable reasons render a marriage null and void
Unions have to be at least a year old before one can file for a divorce.One can file for annulments anytime after the wedding.
To start divorce proceedings, you have to file a divorce petition.You have to complete a nullity petition to file for an annulment.

Definitions

Divorce is the most common means to dissolve a marriage. It requires one spouse to show that their marriage has irreversibly broken down by establishing one of five reasons. These include adultery, unreasonable behavior, desertion, or separation for two or five years.

An annulment is a legal procedure that declares a marriage null and void, thus making it appear as though it never happened. If a marriage is deemed flawed or never valid in the first place, it may be granted. If you can prove that your wedding to your spouse was never legitimate, it’s as if it never happened in the eyes of the law.

Divorce VS Annulment

A divorce and an annulment differ in one important way: while a divorce ends a marriage, an annulment, on the other hand, states that there was never a lawful marriage in the first place. You have two options: divorce or annulment if you want to end your marriage. Although most couples opt for divorce, in some cases, an annulment is a preferable option for one or both spouses. However, an annulment is rare, and the repercussions differ significantly from a divorce.