Annulment vs. Divorce: Key Differences and When to Pursue Each
When a marriage doesn't work out, spouses often consider legal options to end their union. Two main paths exist: annulment and divorce. While both dissolve a marriage, they do so in very different ways and for different reasons.
Understanding the differences between annulment and divorce can help you decide which option best fits your situation. The experienced Beverly Hills family law attorney at the Law Office of Karen S. Brown can give you direct, concise guidance so you can move forward with confidence.
Reach out today if you're ready to discuss your case.
What Is an Annulment?
An annulment legally declares that a marriage never existed. Unlike divorce, which ends a valid marriage, an annulment treats the union as if it were never legally binding. This option is only available in specific circumstances and requires proof that the marriage was invalid from the start. Annulments are typically sought for reasons that question the legitimacy of the marriage.
Annulments aren’t as common as divorces because the requirements are much stricter. Since the state considers an annulled marriage to have never existed, those who receive an annulment may not be entitled to certain benefits, such as spousal support or property division. Understanding the grounds for annulment is essential before pursuing this option.
Reasons a Court May Grant an Annulment:
Bigamy: One spouse was already married to someone else at the time of the marriage.
Incest: The spouses are close-blood relatives.
Fraud: One spouse deceived the other about a significant issue that affected the decision to marry.
Force: One spouse was coerced into the marriage.
Mental incapacity: One or both spouses were unable to understand the nature of the marriage at the time of the wedding.
Underage marriage: One or both spouses were under the legal age to marry and didn’t have parental consent.
Physical incapacity: One spouse has a physical condition preventing sexual relations, and the other spouse was unaware of it at the time of the marriage.
If any of these conditions apply, an annulment may be the right option. However, annulments have stricter requirements than divorces and must be requested within a specific timeframe. Each ground for annulment has its own statute of limitations, making it critical to act quickly with a family law attorney if you believe your marriage is invalid.
What Is a Divorce?
Divorce legally ends a valid marriage. Unlike an annulment, which erases the marriage, a divorce acknowledges that the marriage existed but has now ended. In California, divorces can be granted without a family law attorney proving fault, meaning neither spouse has to show wrongdoing to file for divorce.
Divorce is the more common way for couples to separate legally, as it provides a straightforward path to dissolve a marriage that no longer works. Since California follows community property laws, a divorce will involve the division of assets and debts accumulated during the marriage. Spousal support, child custody, and other considerations also come into play.
Common Grounds for Divorce:
Irreconcilable differences: The marriage is broken beyond repair, and there’s no chance of reconciliation.
Incurable insanity: One spouse has a permanent mental illness that prevents a normal marital relationship.
Since California is a no-fault divorce state, the most common reason people file for divorce with the help of a family law attorney is irreconcilable differences. This means one or both spouses believe the marriage is over and can’t be saved. Even if only one spouse wants a divorce, they can proceed with the process.
Key Differences Between Annulment and Divorce
While both processes legally dissolve a marriage, they differ in several important ways.
Legal recognition of marriage:
Annulment: Declares the marriage was never valid. This means that, from a legal standpoint, the marriage is treated as if it never happened. Individuals who obtain an annulment can state that they were never legally married, which may be significant for religious or personal reasons.
Divorce: Ends a legally recognized marriage. The law acknowledges that a valid marriage existed but is now terminated. This can affect legal rights, financial benefits, and social perceptions.
Grounds for filing:
Annulment: Requires proof of fraud, force, bigamy, or other legal grounds. The burden of proof is on the petitioner to show that the marriage was never legally valid in the first place.
Divorce: Requires only irreconcilable differences or incurable insanity. Unlike annulment, no specific wrongdoing or legal defect needs to be proven —one spouse’s claim that the marriage is irretrievably broken is enough.
Time limits:
Annulment: Must be filed within a specific period depending on the reason. For example, cases involving fraud must generally be filed within four years of discovering the fraud, while cases involving underage marriage must be filed before the minor spouse turns 22.
Divorce: No time limit; can be filed at any time. A divorce can be initiated at any point during the marriage, even decades after the wedding.
Division of assets and spousal support:
Annulment: Since the marriage is considered invalid, property division and spousal support rules typically don’t apply. In some cases, courts may divide assets based on fairness, but spouses generally leave with what they brought into the marriage.
Divorce: Courts divide marital assets and may award spousal support based on various factors. California follows community property laws, meaning that most assets and debts acquired during the marriage are divided equally unless a prenuptial agreement states otherwise.
Understanding these differences can help you determine which legal option is best for your situation when it comes time to contact a family law attorney. While divorce is more accessible and widely used, annulment may be preferable for those who have strong legal grounds to invalidate their marriage.
Legal and Financial Considerations
Regardless of whether you choose annulment or divorce when approaching a family law attorney for help, both processes have legal and financial implications that you should be aware of.
Property division:
Annulment: Courts usually don’t divide property because the marriage is considered invalid. However, if the spouses commingled assets, the court may need to determine ownership rights. Each party typically retains the property they individually owned before the marriage.
Divorce: Marital assets are divided according to California’s community property laws. This means any assets or debts acquired during the marriage are generally split evenly unless a prenuptial agreement dictates otherwise.
Spousal support:
Annulment: Typically not awarded, since the marriage is considered void. However, in cases where one spouse was misled into marriage or suffered financial harm due to the marriage, courts may consider some form of equitable relief.
Divorce: May be awarded depending on factors like income, length of marriage, and financial need. The court considers contributions to the marriage, earning potential, and the standard of living established during the marriage when determining spousal support.
Child custody and support:
Annulment: Children from an annulled marriage are still considered legitimate, and custody and support decisions follow the same rules as divorce. The court prioritizes the best interests of the child when determining custody arrangements.
Divorce: Courts determine custody and support based on the best interests of the child. Factors like parental involvement, financial stability, and the child’s well-being influence custody decisions. Child support obligations are calculated based on California’s guidelines.
These factors can significantly impact your financial future, so it’s important to understand your rights and responsibilities before filing with the help of a family law attorney.
Contact a Family Law Attorney Today
If you’re unsure which option to pursue, a family law lawyer at the Law Office of Karen S. Brown can help. She serves clients in Beverly Hills, California, and throughout California, including Beverly Hills, Santa Monica, Culver City, West Hollywood, Los Angeles, Glendale, Pasadena, Torrance, Long Beach, Orange County, and beyond. Call today to get started.
