How to Distinguish an Annulment From a Divorce

There are a couple of different ways to legally end a marriage. Though the most common way is to divorce, another option is to get an annulment. This procedure treats your marriage like it didn't exist. Consider it a do-over. A divorce can be a drawn-out affair with little agreement over assets and visitation, while an annulment allows for a smoother transition from being married to being single.

Instructions

1. Prove that fraud existed at the time of the union to get an annulment. If one of you lies about certain issues, such as your ability to have children or the fact that you have children from a previous marriage, or one person hides information about sexual health, drug addiction or a police record, you can have your marriage annulled.

2. Cite irreconcilable differences to get a divorce. When there's absolutely no way you can get along or come to an agreement, you're granted a divorce.

3. Use an inability to have intercourse with your spouse to get an annulment. One person refusing to consummate the marriage is also grounds for an annulment.

4. File to end your marriage soon after its inception. Most annulments take place within a few days or months of the wedding, before having children or buying property.

5. Agree on the division of your assets. Cooperate in this process to allow for an annulment, but force a divorce when you can't agree on how to share custody or property.

Tips & Warnings

• The Catholic Church allows a religious annulment of a marriage even after a divorce. A religious annulment allows the people involved to remarry and have that subsequent marriage acknowledged by the Church.

• Check your state laws for specific criteria for an annulment or divorce.