Divorce and annulment both address the end of a marriage, but they work in different ways. A divorce ends a marriage that the law recognizes as valid. An annulment, by contrast, declares that the marriage was legally invalid from the beginning.
What Is a Divorce?
In a divorce, the court can divide property and debts, award spousal support, and decide issues involving children, such as custody, visitation, and child support.
What Is an Annulment?
An annulment is available only in limited situations, usually when there was a legal problem at the time of marriage, such as fraud, bigamy, lack of consent, incapacity, coercion, or underage marriage.
Key Differences at a Glance
| Issue | Divorce | Annulment |
| Legal effect | Ends a valid marriage | Declares the marriage invalid from the start |
| Children | Custody and support can be decided by the court | Custody and support can still be addressed, even if the marriage is annulled |
Practical Considerations
Divorce is generally the more common path when a valid marriage has broken down. Annulment may be appropriate when the marriage should not have been legally recognized in the first place.
Either option may affect property rights, support, taxes, benefits, immigration issues, and religious or personal concerns. If children are involved, courts can still address custody and support.
