Family Law & Divorce · Haute Lawyer Network
What Is an Annulment and How Is It Different from Divorce?
Last reviewed: June 2026
An annulment is a court ruling that a marriage was legally void or voidable — declaring that the marriage never validly existed rather than ending a valid marriage as divorce does. After an annulment, the parties are treated as though they were never married.
Grounds for annulment vary by state but typically include bigamy — one party was already married, fraud or misrepresentation — a party was deceived about something fundamental, lack of mental capacity at the time of the marriage, being under the legal age of consent, incest, forced consent — the marriage was entered under duress, and inability to consummate the marriage.
Religious annulments — granted by a church tribunal — are separate from civil annulments and have no legal effect on marital status.
Frequently Asked Questions
Is annulment faster than divorce?
Not necessarily. An annulment requires proving specific legal grounds, which can involve a contested hearing. An uncontested divorce is often faster.
Can I get an annulment after a long marriage?
Most states limit annulment based on the length of the marriage or require prompt action after discovering the grounds. Annulment of a long marriage is rarely available.
Does annulment affect property rights?
Courts can still divide property and award support in an annulment proceeding, even though the marriage is declared void.
Is a religious annulment the same as a civil annulment?
No. A religious annulment is a church ruling that the marriage was not valid in the church's eyes. It has no effect on your legal marital status — a civil divorce is still required to dissolve the legal marriage.
Can children born during an annulled marriage be declared illegitimate?
No. Virtually all states have laws declaring that children born of a void or voidable marriage are legitimate regardless of the annulment.
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