What are the legal grounds for annulment versus divorce?

Divorce and annulment both end a marriage, but they differ fundamentally in their legal effect and the grounds required to obtain them. ^[1][2] **Divorce — what it is and how it works ^[1] A divorce (also called "dissolution of marriage") is a court order legally terminating a valid marriage. After divorce, both parties are single and free to remarry. Divorce acknowledges that a valid marriage existed and ends it going forward. Property, debts, custody, and support are divided per state law. All 50 states allow no-fault divorce (irreconcilable differences), meaning neither party needs to prove wrongdoing. Annulment — what it is and how it works ^[2] An annulment is a court declaration that a marriage was void or voidable from the beginning — legally, it treats the marriage as if it never existed. Annulments are much harder to obtain than divorces and require specific legal grounds. Grounds for annulment (vary by state, but commonly include): - Fraud or misrepresentation — one spouse lied about something fundamental (e.g., concealing a prior undissolved marriage, inability to have children when this was a condition of the marriage, concealing a criminal record) - Bigamy** — one spouse was already legally married (this marriage is *void* as a matter of law in all states) - Incest — the parties are too closely related by blood (void in all states) - Lack of mental capacity — one spouse was incapable of consenting due to mental illness or intoxication at the time of the marriage - Underage marriage — one or both spouses were below the legal marriage age without required parental or judicial consent - Duress — one spouse was forced into the marriage under threats or coercion - Impotence — one spouse was permanently unable to consummate the marriage and concealed this before the wedding Void vs. voidable marriages - Void marriages (bigamous, incestuous) are invalid from the start and technically require no court action, though a court declaration provides legal certainty - Voidable marriages (fraud, duress, etc.) are valid unless and until a court annuls them — and only the wronged party may seek annulment Key differences at a glance | | Divorce | Annulment | |---|---|---| | Marriage was valid? | Yes | No (treated as never existing) | | Grounds needed? | No (no-fault) | Yes (specific legal grounds) | | Availability | Always available | Limited grounds | | Property division | Equitable distribution | Varies; may return to pre-marital status | | Religious effect | No | May satisfy religious requirements | *Both divorce and annulment require a court proceeding. For religious annulments (which are separate from civil annulments), contact your church or religious institution.*