How does an annulment differ from a divorce?

Like a divorce, an annulment is a court procedure that dissolves a marriage. But, unlike a divorce, an annulment treats the marriage as though it never happened. For some people, divorce carries a stigma, and they would rather their marriage be annulled. Others prefer an annulment because it may be easier to remarry in their church if they go through an annulment rather than a divorce.

Grounds for annulment vary slightly from state to state. Generally, they may be obtained for one of the following reasons:

  • Misrepresentation or fraud -- for example, a spouse lied about the capacity to have children, stated that she had reached the age of consent, or failed to say that she was still married to someone else.
  • Concealment -- for example, concealing an addiction to alcohol or drugs, conviction of a felony, children from a prior relationship, a sexually transmitted disease, or impotency.
  • Refusal or inability to consummate the marriage -- that is, refusal or inability of a spouse to have sexual intercourse with the other spouse.
  • Misunderstanding -- for example, one person wanted children and the other did not.

These are the grounds for civil annulments. Within the Roman Catholic Church, a couple may obtain a religious annulment after obtaining a civil divorce, so that one or both people may remarry, within the Church or anywhere else, and have the second union recognized by the Church.

Most annulments take place after a marriage of a very short duration -- a few weeks or months -- so there are usually no assets or debts to divide, or children for whom custody, visitation, and child support are a concern. When a long-term marriage is annulled, however, most states have provisions for dividing property and debts, as well as determining custody, visitation, child support, and alimony. Children of an annulled marriage are not considered illegitimate.

Copyright © 2005 Nolo

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Comments (21) Read through and enter the discussion with the form at the end
Miserable - November 2, 2005 9:34 PM

I have been married for 21 years and have endured a life of deception and lies. My husband is a compulsive liar, and I feel as if I am losing my mind. I found out recently that he married me while he was still married to his second wife. Although his divorce was final three months after our marriage, would this be grounds for an annullment? If so, what type of legal fees would I incur to have this marriage annulled?

Thanks.

Dad - November 24, 2005 2:44 PM

My daughter has been married for 6 weeks. Her husband told her that he doesn't love her and he doesn't know why he married her in the first place. He also told her that she nothing but "a pile of shit". He's stopped sleeping with her too. Does she have grounds for an annulment?

Keith - February 9, 2006 10:54 PM

What should a person do when a minor makes allegations that a person has committed an unlawful act on a minor an it is false allegations? Should the accused notify the police? DSS?

Danny - June 7, 2006 3:20 PM

I will have been married a year on 7/09/06. My wife has recently revealed to me that she never loved me and knew the day she walked down the aisle that she didn't want to be with me. Do I have grounds for an annulment?

Miekala - June 13, 2006 4:34 PM

My husband and I have been married for three months now and have not consummate the marriage? Can we still get an annullment ?

Don Wright - June 19, 2006 2:26 AM

What are the requirements for an annullment? The average cost? My friend has been married for 6 weeks.

Thanks,
Don

susan - June 19, 2006 3:34 AM

I have been married for two years. I had suspicions that my husband was taking too many prescription drugs, and he always convinced me otherwise. After the birth of our son, his behavior became unbearable. I obtained information from the pharmacy we use that he has been using four different drugs for three years. He handled all of our financial information and threw away everything. We separated last Nov and I started getting credit card statements. I have documentation of him purchasing almost $10000 worth of internet drugs. HE of course denies everything. Do I have any grounds for anullment? Thank you - hurting

Brad Ross - December 12, 2006 3:29 PM

I was married on 12-9-06 in Gatlinburg and I now realize that this was a mistake. can i have the marriage annulled?

deb - December 14, 2006 8:09 PM

My daughter has just remarried again for the second time and has been married almost 3 months. This man she is married to now is a chronic liar. He got fired from his job shortly after they were married for steeling which he said he did not do. Does she have grounds for an annulment
Thanks

Help - December 24, 2006 6:04 PM

My husband of three weeks has become verbally abusive and controlling. He lies constantly. What is the average cost and grounds to get an anullment?

Hunt - February 19, 2007 11:31 PM

I've been married 18 months and my wife has had a child, but we technically never had intercourse, therefore our marriage has not been consummated. Is that correct? I want an anullment. Is that possible?

Thanks

Aggravated - March 5, 2007 3:36 PM

In 1988, I married and divorced after only three months. He was a heavy drinker,and my divorce papers stated this fact. My attorney said it was not possible to get an annullment at that time. I have since been married to my husband now for 14 years and would like to know if I can go back and have that old marriage annuled now.
Thank You,
Aggravated

Sonia Craig - March 7, 2007 6:22 AM

Please help.

We are two British Citizens who got married on a holiday in Orange County on 18th April 2005. We do not live together so there is no property to sort nor is there any children between us,also the marriage has never been registered in Northern Ireland. Both of us agree that it was a mistake to get married. How do we go about getting this marriage annulled?

Also how do we go about it?

Many thanks

Unsure - March 16, 2007 11:24 AM

If a child leaves the custodial parents home at 17 and moves back with the non-custodial parent that raised him for 13 years can the custodial parent get the police to force the child to return to their home? What is the law in South Carolina?

Thank- you

Needing Help - April 2, 2007 3:38 PM

I have been married for 10 months and am looking to get a divorce / annullment as quickly as possible. I want children and he does not.... is this really grounds for an annullment - I don't want to have to drag this out and be seperated for a year.
If so - how long does an annullment take?

Stressed Out - April 11, 2007 1:34 AM

Question: I've been married 2 months and some days. Argue all the time now. Is there a maximum time to request an annulment? Does arguing fit the requirements for an annulment?

Lee - April 19, 2007 11:10 AM

i have been married for 3 months now, and after the marriage she reveals all these mental proplems she has that she did noy tell me before the marriage. Is an annulment possible, and i am millitary if it helps

Bev - May 8, 2007 10:52 AM

I have been married for 5 months and my husband doesnt want to have sex with me. He is a totallay different person than when we were dating. Can I get an annulment? How costly is an annulment?

sindy - June 22, 2007 5:34 AM

my daughter recently married a older man that had 3 children. 1 of these boys are 6 years old and has major problems she didnt know about. ex: she got a phone call from school to go pick him up. he had his hands down a nother boys pants. he is about the 3rd grade. i guess this has happened before. he can not go back to school untill he goes to pshycologist. she has a son that is 2 and afraid of what he might do to him, she is afraid the state might take his son, this is not the first time for something like this to happen. can she get a annolument and how do we start and can you tell us about what it will cost?
thank you

Lied to - April 27, 2008 9:15 PM

My husband and I have been married for 8 months. The whole relationship has been based on drug use. We both went to rehab facilities and I am taking my recovery very serious. I was informed in rehab that this relationship might not work because of the whole relationship being "under the influence". Now he has not been going to meetings and when I tried to give him a chance and get to know him again and he has lied about drinking a lot. We do not live together and have not since before rehab. We have no children and have already split the assets and debt. Do I qualify to get an annulment?

Nedra - July 20, 2008 1:56 AM

I have been married for the last 10 mths an i found out the only reason my husband married me is to stay in the United stated would that be terms for an anullment pls let me know....thank u

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