Difference between Annulment and Divorce

The difference between annulment and divorce, in the simplest terms, is that divorce brings a legal union to an official end, and annulment erases the union altogether. While divorce allows a couple to deal with such things as the division of marital assets, child custody and visitation and spousal support claims, an annulment cannot usually involve such details because it serves to invalidate the actual marriage from the very beginning. The way to view annulment is as a method for making it appear that the marriage had never occurred at all. There are many legal ways that someone can pursue the annulment of their marriage, many more than divorce in fact, but any claims must be scrutinized by a court of law and an official ruling must then be made.

Fast Facts

  • Most courts will grant valid annulments at any point in a marriage, but tend to reject claims after children have been born. Although, there are many exceptions to this fact.
  • Annulments in the courts are entirely different from those granted by the Catholic Church.

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