Isn’t annulment the same as a divorce?

On Behalf of | Nov 10, 2025 | Divorce And Dissolution

When people want to end a marriage, the two general options to do so are getting an annulment or a divorce. An annulment is often used very early in the marriage, while a divorce can be used at any time.

Even though these are similar, there are some significant differences. Essentially, it depends on the legality of the marriage. An annulment is a claim that the marriage was not legal or valid in the first place, so the relationship is null and void. A divorce, on the other hand, recognizes that the marriage was legal, and it is the process of terminating it.

When would you use an annulment?

An example could be if you got married and then found out that your spouse was already married. You were unaware that they were still in a previous relationship. But since they were married, they could not legally marry you, so your relationship has been void the entire time. You could seek an annulment to end it, but you would not necessarily need to go through a divorce.

When would you use a divorce?

A divorce could be used in all other cases where you are already in a legally valid marriage and simply need to go through the court process to end that commitment. Most states now recognize no-fault divorce, meaning you simply have to cite irreconcilable differences. There are also sometimes options to file for a fault-based divorce, such as in cases of abuse or adultery.

The legal process

Which option is right for you will depend on the specifics of your situation. Just make sure you understand the legal process and the steps you will need to take.