Differences Between a Divorce and an Annulment

Ending a marriage, whether by divorce or annulment requires that all rules and regulations are followed according to each state’s law. Consulting a divorce attorney for legal advice concerning the differences is favorable so that all legal procedures are executed and both parties know exactly what is to occur regarding their preferred court procedure. Both an annulment and a divorce can be filed by the man or woman involved and is both sought out for terminating a marital union. The grounds for filing an annulment are different from those of a divorce.


A divorce is the final termination of a legal marital union. Either the man or woman can file for a divorce and must be able to provide their reason for the divorce. The most common filings for a divorce are:

  • Adultery
  • Abandonment
  • Physical abuse
  • Emotional abuse

Issues that arise during a divorce are:

  • child custody
  • child support
  • division of debt

Legal papers are signed to then reinstate the individuals into a single status.


Dissolving a marriage is referred to as an annulment. Just as in a divorce, either spouse can file a petition for annulment and must provide grounds for doing so. Grounds for an annulment include:

  • mental incapacity
  • forced consent
  • one party is underage
  • inability to consummate the marriage through sexual relations

The rules for identifying a marriage as invalid for the purposes of annulment vary from state to state.

Contact Us

A skilled divorce attorney can provide information regarding both legal procedures and state requirements. Following state specifications is essential in the execution of a divorce or annulment.

For more information on the differences between a divorce and an annulment, consult the divorce attorneys of Barrera, Sanchez & Assoc., P.C. at (956) 287-7555.

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