Annulment vs. Divorce in New York: What's the Difference?

• Annulment vs. divorce process
• Cost differences
• Timeline differences
• Pros and cons
• How to Decide Between Annulment and Divorce in New York
• Frequently Asked Questions
• References

What’s the difference between an annulment and a divorce? An annulment renders a marriage null and void as if it never happened in most respects. A divorce ends a marriage but still acknowledges it occurred. 

A divorce is typically much more expensive and takes a lot longer to complete than an annulment – except in the case of uncontested divorce, where both parties largely agree on how a divorce should go and come to a legal agreement in writing.

Let’s take a closer look at the differences between annulment and divorce in New York.

Annulment process in New York

For most legal purposes, an annulment renders a marriage null and void. Beyond there being a record of the marriage and the subsequent annulment, the marriage is essentially treated as having never been valid. That said, children of the marriage remain legitimate heirs. 

In annulment, there is little capacity for either party to seek the kind of property division typical of divorce, although marital property is still split. 

There are five grounds for annulment in New York:

• Being married when too young to give consent
• Lacking the mental capacity to consent at the time of the marriage
• Lack of physical capacity of either party to consummate the marriage, with one party not knowing this was the case at the time of the marriage
• Either party consenting to the marriage under duress, through force, or through fraud
• Either party being incurably mentally ill for more than five years

Divorce process in New York

Divorce is a process that ends a marriage, but unlike an annulment, the marriage isn’t considered to have been null and void. Divorce is the more typical way marriages end. It is generally a lengthier and costlier process than annulment. 

When you get a divorce in New York, your marital property is equitably split between both parties. This means, among other things, that there is the potential for one to lose significant amounts of property as a result of a divorce. Notably, the court attempts to make the split fair (hence the term “equitable”) rather than splitting all property 50/50 with no consideration for the circumstances of each person. 

Fault and no-fault divorce in New York

There are two general types of divorce in New York: at-fault and no-fault divorce. A divorce with fault-based grounds occurs when one party is considered “at fault” due to improper behavior, such as adultery or cruel treatment of their spouse. In a no-fault divorce, a marriage is considered to have broken down, but neither member of the couple is legally ascribed as the direct cause of the divorce.

In New York, when a person files for divorce, their spouse has time to respond to the claims made in the divorce petition. Both parties may eventually have to go to court, where the details of the divorce outcome will be decided. This may take place over the course of multiple hearings. 

The New York divorce process can be much faster if both parties are open to admitting the divorce is necessary and discussing how their property should be split. For example, if the two of you work with a mediator to determine the distribution of assets, you may not have to go to court at all. Instead, you may submit your proposed settlement agreement and be notified if the court approves your agreement.

Annulment cost in New York

The annulment of a marriage is likely to cost several hundred dollars in court fees. If you use a lawyer, you may need to pay upwards of $1,000 on top of those fees, depending on your lawyer and their hourly rate. Annulments typically cost significantly less than divorces do.

Divorce cost in New York

Unless uncontested (where both parties largely can agree on how a divorce should occur), a divorce is likely to cost thousands of dollars, with many sources quoting about $16,000 to $17,000, although the specific cost of a given divorce can vary significantly. 

This is in addition to the split of property that occurs with divorce, which can be significant depending on which assets one considers theirs in a marriage.

Timeline 

Which takes longer in New York: an annulment or a divorce?

A divorce will almost always take longer than an annulment. That said, both processes can take months, depending on how resistant a given party is and any complicating factors, such as any minor children who may need to be considered during the split. 

In a divorce, there is significantly more property likely to be divided between the two parties. This process can take multiple court appearances with significant back-and-forth between the parties. However, if both parties can come to an agreement in mediation, this significantly shortens the time frame. 

An annulment is a highly specific way of ending a marriage with far more limited use cases than divorce. It renders a marriage null and void and greatly reduces the scope of how property will be split. 

Pros and cons of annulment vs. divorce

Annulment

• An annulment is generally a simpler way to end a marriage if you have the grounds to do so. It is likely to cost a lot less upfront and take less time.
• Annulment renders the marriage null and void, as if it never occurred from a legal perspective.
• The primary drawback of an annulment is the limited circumstances under which you can get one.
• The division of property is much smaller in scope in annulment than it is in divorce. 
• Some people may dislike the idea of their marriage being considered null and void. They may instead want an acknowledgment, on a legal level, that it happened rather than it being almost completely erased.

Divorce

• Divorce can be a lengthy and expensive process. It can be a significant legal battle to get a split of property that you consider fair. 
• Even if you go to great expense and take months of time, there is often no way to guarantee your divorce will end the way you want. Most often, neither party ends up with everything they want in a divorce.
• The equitable split of property in a divorce is often more appealing than what you would have received in an annulment.
• A divorce is easier to get than an annulment. The grounds for divorce are much more broad.
• If you can process your divorce via mediation rather than fighting it out in court, the process is substantially more affordable and less stressful.

How to Decide Between Annulment and Divorce in New York

Clarify your objective

Decide whether you’re ending a valid marriage (divorce) or asking the court to declare the marriage invalid (annulment).

Check annulment eligibility

Review grounds such as bigamy, incest, nonage, lack of capacity or consent, fraud, duress, incurable mental illness for five years, or certain impotence/consummation issues.

Collect evidence

Gather documents and witness statements that directly support your ground(s) (e.g., medical records, prior marriage records, communications).

Prepare filings

If annulment fits, draft a Summons and Verified Complaint for annulment. If not, prepare divorce pleadings (New York allows no-fault divorce based on irretrievable breakdown).

File and serve

File in New York Supreme Court, obtain an index number from the County Clerk, serve your spouse per New York rules, and file proof of service.

Appear as required

Attend conferences and hearings; be ready to present evidence and address child-related issues and any equitable property/support concerns.

Obtain your judgment

For annulment, request a Final Judgment declaring the marriage invalid. For divorce, obtain a Judgment of Divorce resolving all required issues. Update personal records as needed.

FREQUENTLY ASKED QUESTIONS

What is the difference between annulment and divorce in New York?

A divorce ends a valid marriage. An annulment declares that a marriage was legally invalid from the start (void or voidable). Both end the relationship, but the legal theories and remedies differ.

What are the typical grounds for annulment in New York?

Common grounds include bigamy, incest, nonage (under lawful age at marriage), lack of mental capacity or consent, fraud or material misrepresentation, duress or force, incurable mental illness for at least five years, and certain cases involving undisclosed impotence or inability to consummate.

Which court handles annulment or divorce?

New York Supreme Court (trial-level court) generally handles both, typically in the county where either spouse resides.

Will property division and support be handled the same way?

Not necessarily. Because annulment treats the marriage as invalid, the court may address property and support on equitable principles that can differ from equitable distribution and maintenance in divorce. Child custody and support can be addressed in either scenario.

Is there a filing deadline for annulment?

Timing depends on the ground—some are time-sensitive (e.g., fraud or duress). Ask a lawyer about deadlines tied to your facts.

How do I start an annulment case?

File a Summons and Verified Complaint in New York Supreme Court, obtain an index number, serve your spouse, and be prepared to present evidence supporting your ground(s).

When should I choose divorce instead of annulment?

If your marriage is valid and you want to end it, divorce is the correct path. Annulment is only appropriate if you can prove a legal ground showing the marriage was invalid.

References