What Is the Difference Between an Annulment and a Divorce?

It's a common misconception that if you've been married for a short period, you can ask the court to annul—or, erase—your marriage. While there are certain limited situations where an annulment is appropriate, most couples need to ask the court for a traditional divorce. If you and your spouse have only been married for a short period, don't have children, and don't have assets or debts to separate, you can file for a no-fault divorce, or in some states, an uncontested divorce.

Common Grounds for an Annulment

Annulment is like divorce in that it results in a couple not being married. But while a divorce terminates a marriage, an annulled marriage is treated as if it never happened. To obtain an annulment, one spouse must demonstrate that the marriage was not valid (wasn't legal) from the beginning. Although the grounds for annulment may vary from state to state, the following are the most common:

• one or both spouses was of "unsound mind" or mentally incapacitated and therefore unable to consent at the time of the marriage (for example, one or both were drunk or high)
• one of the spouses was underage at the time of the marriage and didn't have parental consent
• one spouse was still married to someone else (bigamy)
• the marriage was obtained by fraud, or
• the marriage is between blood relatives.

If you can show grounds for an annulment, and a judge grants your request, the court will treat your marriage as if it never happened. Overall, there's no real advantage to annulment, unless you're concerned with the stigma that may come with a divorce. Some couples would like to avoid divorce for religious reasons, but you'll still need to meet your state's requirements for a legal annulment of your marriage.

Streamlined Divorce: No-Fault and Uncontested

To get a divorce, you'll need a legally recognized reason (called a "ground"). Each state offers some form of no-fault divorce, meaning you won't have to prove your spouse was guilty of wrongdoing, such as adultery or abandonment, to end your marriage. Instead, you'll have to say that you and your spouse have "irreconcilable differences" or that there has been an "irretrievable breakdown of the marriage." A no-fault divorce begins when either spouse files a request with the local court. If you meet the state's residency and no-fault divorce requirements, the court will grant your request.

If you and your spouse can settle all divorce-related issues, such as property and debt division, spousal support, and child custody and support, you'll likely qualify for an uncontested divorce. You'll need to put the details of your agreement in a written contract—often called a marital settlement agreement—which you then present to the judge for approval. The process for a no-fault, uncontested divorce is typically less time-consuming and less expensive than a traditional divorce.

If you're considering divorce or annulment, consult an experienced family law attorney near you for more details.