Annulment vs. Divorce: Which One Can You Get?

Short answer: A divorce legally ends a marriage that was valid. An annulment is a court ruling that the marriage was never legally valid in the first place. Almost anyone can get a divorce, because most states allow a no-fault divorce. An annulment is much harder to get: you have to prove your specific marriage fits one of a short list of legal grounds. So for most people the realistic question is not "which do I prefer?" but "do I even qualify for an annulment, or do I need a divorce?"

This guide walks through the difference, who actually qualifies for an annulment, and the timing questions people search for most: whether you can annul instead of divorce, before a divorce, or after one.

The core difference

Think of it this way:

• Divorce (dissolution): The law agrees you were married. The court ends that marriage going forward. You leave as divorced people.
• Annulment: The law agrees something was legally wrong from the start, so the court declares the marriage void or voidable as if it never legally existed. You leave, in the eyes of the law, as people who were never validly married.

One important warning: a civil (legal) annulment from a court is completely different from a religious annulment (for example, a Catholic Church annulment through a diocesan tribunal). A church annulment affects your standing within that faith. It does not end your legal marriage and is not recognized by the state. To change your legal marital status you still need either a civil annulment or a divorce.

Can I get an annulment instead of a divorce?

Only if your marriage meets one of the legally recognized grounds for annulment. Annulment is not a faster or friendlier divorce you can choose because the marriage was short. The exact grounds and labels are set by state law and they vary, but courts commonly recognize two categories.

Void marriages (never valid, no matter what)

These are marriages the law treats as invalid from the beginning. Common examples include:

• Bigamy: one spouse was still legally married to someone else.
• Incest: the spouses are too closely related under that state's law.

Voidable marriages (valid until a court says otherwise)

These marriages stand unless one spouse asks a court to annul them, usually within a limited time. Grounds many states recognize include:

• Fraud going to the essence of the marriage: a lie central to the decision to marry (a classic example is concealing an inability or refusal to have children, or marrying only to obtain an immigration benefit). Ordinary disappointments, like hiding debt or a bad temper, usually do not qualify.
• Duress or force: you were threatened or coerced into the marriage.
• Lack of capacity to consent: serious mental incapacity, or being so intoxicated you could not understand what you were doing.
• Underage: a spouse was below the legal age to marry without required consent.
• Inability to consummate (impotence): recognized in many states, often only if it was concealed and not known beforehand.

Because these grounds and their deadlines differ from state to state, the same facts can support an annulment in one state and not in another. This is a state-law question, so confirm the rules where you live or were married before assuming you qualify.

If I don't qualify for an annulment, can I still get divorced?

Yes. This is the reassuring part. No-fault divorce lets you end a marriage without proving anyone did anything wrong, typically citing "irreconcilable differences" or an irretrievable breakdown. In most states one spouse can get a no-fault divorce even if the other spouse refuses or does not want it.

There is a narrow wrinkle worth knowing: in a small number of states the most common no-fault ground requires both spouses to agree. In Mississippi and South Dakota, a spouse who refuses to consent can block that particular no-fault path, which forces the filing spouse to prove a fault ground (such as desertion or cruelty) instead. The divorce is still ultimately obtainable; it just takes a different route. Everywhere else, a refusing spouse generally cannot trap you in the marriage.

Can you get an annulment before a divorce?

This question usually comes from a misunderstanding. Annulment and divorce are two separate paths to the same destination (ending your legal marital status), not two steps you do in order. You do not get an annulment and then a divorce. You pursue one or the other:

• If a court grants your annulment, the marriage is treated as never valid, so there is nothing left to divorce.
• If you cannot meet annulment grounds, you file for divorce instead.

Sometimes people file an annulment request and a divorce request in the alternative, essentially telling the court "annul this marriage, but if the grounds aren't met, grant a divorce." Whether that is allowed and how it works is a matter of state procedure.

Can I get an annulment after a divorce?

Generally no. Once a court grants a divorce, your marriage is already legally ended. There is no longer a marriage for an annulment to undo, so asking to annul it afterward usually has no purpose and will not be entertained.

The rare exceptions are narrow and procedural, not a do-over: for example, asking a court to reopen or set aside the divorce judgment itself based on something like fraud on the court or lack of jurisdiction. That is a difficult, fact-specific request governed by state law and strict deadlines, and it is not the same as a fresh annulment. If you think your divorce was obtained improperly, talk to a lawyer quickly, because these time limits are short.

Does an annulment mean kids or property don't count?

No, and this is a common and costly myth. Even when a marriage is annulled:

• Children are still legally the children of both parents. Most states treat children of an annulled marriage as legitimate, and courts still decide custody, parenting time, and child support. (Where parents live in different states, jurisdiction over custody is sorted out under the Uniform Child Custody Jurisdiction and Enforcement Act, adopted in 49 states plus D.C.; Massachusetts still uses the older UCCJA.)
• Property and money are still addressed. Courts have tools to divide what the couple acquired and, in some cases, to award support, so an annulment does not automatically erase financial entanglements.

So choosing annulment over divorce is not a way to walk away from child or financial obligations.

Which one is faster or cheaper?

People often assume annulment is the quick, clean option. In practice it can be harder and slower than a no-fault divorce, because you must prove specific grounds, often with evidence and sometimes over the other spouse's objection. An uncontested no-fault divorce is frequently the simpler path. Do not pick annulment just hoping to save time; pick it because your facts actually fit the legal grounds.

A note on who can marry, annul, and divorce

These options are equally available regardless of the spouses' sex or race. Obergefell v. Hodges, 576 U.S. 644 (2015), held that the Fourteenth Amendment requires every state to license and recognize same-sex marriages. Congress later added a statutory backstop in the Respect for Marriage Act (Pub. L. 117-228), which requires the federal government to recognize any marriage "valid in the State where the marriage was entered into" (1 U.S.C. § 7) and bars states from denying full faith and credit to such marriages from other states (28 U.S.C. § 1738C). Same-sex spouses have the same access to divorce and annulment as anyone else.

What you can do

1. Decide what you actually want: to end a valid marriage (divorce) or to prove it was never valid (annulment).
2. Check the annulment grounds for your state. Be honest about whether your facts fit a real ground (fraud to the essence, bigamy, duress, incapacity, underage), not just that the marriage was short or unhappy.
3. Watch the clock. Voidable-marriage annulments and any attempt to reopen a divorce judgment usually have strict, short deadlines. Acting late can quietly cost you the option.
4. Don't rely on a church annulment to change your legal status. If you need your marital status changed in the eyes of the state, you need a civil annulment or a divorce.
5. Gather proof if you're claiming annulment grounds: documents, messages, or witnesses showing fraud, coercion, a prior existing marriage, or incapacity.
6. Talk to a family-law attorney in your state before filing, ideally one who can tell you in one consult whether annulment is realistic or whether a no-fault divorce is the cleaner route.

This article is general legal information, not legal advice; consult a licensed family-law attorney in your state about your situation.