Why Are Annulments So Hard to Get?

• Civil vs. religious annulment
• Grounds for civil annulment
• Should you get a divorce instead of an annulment?

An annulment, in civil law terms, is a legal decree that “erases” a marriage. In the eyes of the law, that marriage never legally existed. While it’s an appealing way to end a marriage, especially if it’s short, very few couples qualify for one. 

In this blog, we break down the types of annulments, who might be granted one, and for what qualifying reasons.

Civil vs. religious annulment

It’s important to understand the difference between civil and religious annulments. They are not the same thing.

Civil annulment

A civil annulment, as the name implies, is a legal process that declares a marriage null and void in the eyes of the law. It treats the marriage as though it never existed. This is not to be confused with divorce, which acknowledges the existence of a valid marriage but legally ends it.

Religious annulment

A religious annulment is not a legal procedure. Rather, it is rooted in faith and doctrine. It nullifies a marriage within the context of a particular religious institution. For example, in Catholicism, an annulled marriage is deemed to have been absent of one or more of the essential elements required in a binding union. Thus, an annulment recognizes that it was never a sacramental marriage.

A religious annulment does not equate to a civil annulment. A couple could be considered no longer married in the eyes of their church, synagogue, mosque, or temple, yet they could still be legally bound as husband and wife. That's why, if you seek both, a civil annulment often precedes a religious one.

Grounds for civil annulment

An annulment isn't a shortcut to ending a marriage; it's a legal statement that a valid marriage never took place. This is due to certain conditions that existed at the time of the union. 

Typical grounds for a civil annulment include fraud, duress, bigamy, mental illness, or incapacity. The acceptable reasons vary by state. In some states, a prohibited degree of kinship or an underage spouse can also be grounds for an annulment.

Examples of fraud, duress, and bigamy

“Fraud,” in annulment terms, or could mean that one party lied about something crucial to the marriage, such as the ability to have children. For example, if a woman consented to marry a man who promised to father children with her – but then it was found that he has been knowingly impotently since birth – that could constitute fraud and annulment.

“Duress” signifies one party was pressured or threatened into marriage. For example, if one person threatened another with violence if they did not agree to marriage, the threatened party could later use duress as a grounds for annulment.

“Bigamy” refers to a situation where one spouse is legally married to someone else but somehow managed to get married again, to another person. For example, if a married person enters a second marriage with someone else, that would be grounds for annulment. It is illegal to be married to two people at the same time.

The burden of proof

Proving these grounds in court is not always easy. It requires substantial evidence, and the burden of proof lies on the party seeking the annulment. For this reason, civil annulments are quite rare and hard to get. It is often much “easier” to get a divorce.

Should you get a divorce instead of an annulment?

If you're considering an annulment and finding yourself entangled in its complexities, it's completely understandable. The narrow grounds for annulment and the weight of proof required often make it a steep hill to climb.

Divorce might seem like a more daunting word than annulment. But actually, it is often a more straightforward path. Unlike an annulment, a divorce doesn't require you to prove any specific conditions at the time of marriage. It simply acknowledges that a valid marriage existed, but now one or both parties want to end it.

Weighing your options 

Weighing these options – annulment versus divorce – isn't about choosing the easy way out. It's about understanding the most viable solution for your unique situation. It's about recognizing what will allow you to close a chapter with minimal strife and maximum dignity.

At Hello Divorce, we are committed to making this process affordable and accessible, whether you seek an annulment, a separation, or a divorce. We understand the emotional toll these proceedings can take, and our goal is to lighten your load by providing clear guidance and practical solutions.

Suggested: Legal Separation vs. Divorce vs. Annulment

We invite you to reach out to us with your questions and concerns. In fact, we offer a free 15-minute call to help you gain clarity on your situation. Your decision is complex and unique to you, and figuring out what's next in your life isn't always a linear path. We're here to help you turn that page.