THE AURIT CENTER 
Deciding between divorce or annulment can be simple, and we’ve broken it down for you. While both end a marriage, their legal requirements and implications differ.
This article will explore the differences between annulment and divorce to help you decide which option would best meet your needs.
A divorce is the legal ending of a marriage. It recognizes that the marriage did exist but is now over. It can be finalized through mediation or litigation.
The reasons for divorce can include:
A divorce typically involves the resolution of key issues such as:
Now, let’s look at the differences between fault and no-fault divorces.
Fault divorces are rare in the U.S. because the spouses must have agreed to opt into it at the time of their marriage. Also, their state must allow them to opt in.
In a fault divorce, one spouse is named as responsible for the end of the marriage.
This could be due to:
A fault divorce can influence the court’s decision about alimony, property division, and child custody. So, when someone names their spouse as being responsible for the end of the marriage, they must offer evidence to support their claim.
A no-fault divorce does not require either spouse to prove that the other has done something wrong. Instead, the spouses say that they are experiencing irreconcilable differences. No-fault divorces are allowed in all states.
An annulment is a legal process that deems a marriage null and void. After a marriage is annulled, legally, it is as if it never happened.
To get an annulment, the marriage must be shown to be invalid or void based on legal grounds. This is often a difficult task.
Situations that would make a marriage invalid or void include:
While they both end a marriage, there are some key differences between divorce and annulment. Because an annulment essentially “erases” a marriage, it has unique legal, financial, and social implications.
When a marriage is annulled, legally, it’s as if it never happened. By contrast, a divorce ends a marriage but acknowledges that it did exist at one time.
In a divorce, spouses typically divide the marital assets. In an annulment, the courts usually aim to bring each person back to their pre-marriage financial state.
Despite how common divorce is, it still carries some stigma in certain social and religious circles. Although many religions allow for divorce, some religions find an annulment more acceptable.
Many people who choose annulment do so for religious reasons. This usually means their religion will then allow them to marry someone in the future.
In a divorce, assets and debts collected during the marriage — a.k.a. common property or community property — are usually divided according to state law.
Some states use community property laws, which divide assets and debts 50/50. Others use equitable distribution, where assets and debts are divided in a way that’s fair, but not always equal.
Either way, property division in a divorce is based on:
In an annulment, it’s a little more complicated. Since the marriage is considered to never have existed, courts aim to return each party to the same financial state they were in before the marriage. This can mean unwinding property transactions in an attempt to separate community property or commingled funds.
The court can offer alimony in annulment cases if it would be unfair to leave one person in a much worse financial state than the other.
Both parents are legally responsible for children born or adopted during a marriage. This is true whether a marriage is annulled or ends in divorce. In either process, custody, visitation, legal decision making and child support matters will need to be addressed.
Parents need to decide who will have physical custody and legal custody.
If parents can’t reach a custody agreement, the court will make the decision. Family courts look at several factors, including:
In court, a judge has full decision-making power, and their goal is to ensure the children’s rights are protected.
In mediation, the mediator guides discussions so that the parents stay in control of all decisions regarding custody. Mediation prioritizes the best interests of the children.
When decided in court, child support may be given to the children’s primary caretaker. The amount is based on:
Parents who don’t want to leave everything to a judge can take control of their terms through mediation.
Parents know their children’s needs better than anyone. Mediation lets co-parents set the terms of their agreements, not a judge. With an expert mediator guiding the discussion, parents can choose the custody arrangements and child support amounts that make sense for their family.
At The Aurit Center, we can help you create a comprehensive Parenting Plan that addresses all issues. This type of plan sets you up for a successful and healthy co-parenting relationship. You can create a custom agreement that works for you, not a one-size-fits-all court decision.
Both divorce and annulment can end a marriage, but ultimately they’re just legal terms. Your quality of life post-marriage doesn’t hinge on whether your case file says “annulment” or “divorce”. Neither one is always better or guaranteed to achieve a specific result.
What matters more than whether you complete the divorce or annulment process is the path you take to get there. How you end your marriage sets the tone for your next chapter in life — especially if you have children.
Battling in court pits spouses against each other. You can avoid the “you-vs.-them” court mentality and embrace a more positive mindset. This will establish a good foundation for healthy co-parenting moving forward.
There is a better way: divorce mediation.
There are many benefits to completing your divorce or annulment in a more peaceful way:
Mediation helps spouses work together. Advantages of the mediation process include:
Mediation keeps conflict low and has positive results for both spouses and children. A mediator can offer a healthy path forward, reducing stress and creating a better post-divorce relationship.
A healthy divorce begins here. Schedule a free initial online consultation with an Aurit Center Certified Mediator to learn more about how mediation works and how it compares to court, know what to expect, and have all your questions answered.
To get an annulment, you’ll need to consult with an attorney. They’ll prepare your annulment petition or complaint and any other paperwork you need.
Then the petition is filed with the court and annulment papers are served to your spouse.
The cost of an annulment varies depending on the case, but it can range from a few hundred to tens of thousands of dollars. The total cost depends on:
• where you live and court fees in your area;
• how much time your attorney spends on your case; and
• your attorney’s hourly rate.
Since an annulment can take a lot of time, spouses who reach agreements in mediation before going to court can save a lot of time and money.
Yes, in most states, you do have to appear in court to get an annulment.
The petitioner (the person seeking the annulment) usually must attend a court hearing. A judge has to listen to the case details to decide if an annulment will be allowed.
Filing fees are also usually needed when submitting the annulment petition to the court. These fees vary based on the area you’re in and the case.
You may not need to go to court if your spouse agrees to an annulment, depending on the rules in your state. You can check with your county clerk to see if your state requires a hearing.
