Are you considering ending your marriage but unsure whether to pursue annulment or divorce? Many people are confused by the legal and emotional differences.
As a medically trained NY divorce attorney and mediator with a unique background in psychology, I help clients navigate this important decision often.
What Is an Annulment?
Legally, an annulment declares a marriage invalid from the start. In other words, it’s as though the marriage never existed.
Legal Grounds for Annulment (Most Common)
You may qualify if:
- One or both spouses lacked capacity (mental illness, intoxication)
- Fraud or deception occurred (addiction, criminal history, infertility concealed)
- One party was under age
- Bigamy
- Duress or coercion
- Inability to consummate the marriage
These must be proven, which can make annulment more complex than people assume.
What Is a Divorce?
A divorce ends a legally valid marriage. The court acknowledges the marriage, but dissolves it.
Divorce typically addresses:
- Property division
- Child custody & visitation
- Child support
- Spousal support/alimony
- Pension and retirement assets
Many states, including New York, allow no-fault divorce, meaning no wrongdoing needs to be proven.
Annulment vs. Divorce — Key Differences
Annulment | Divorce |
Marriage considered invalid or void | Marriage recognized, then ended |
Specific legal grounds required | No-fault available |
Property rights may differ | Equitable distribution applies |
Often tied to fraud or incapacity | Often tied to irreconcilable differences |
How Annulment Affects Children
A common misconception is that children from an annulled marriage are “illegitimate.” That is not true.
Children remain:
✔ legally legitimate
✔ entitled to child support
✔ protected by custody laws
Parenting plans are still required, and mediation can help create them peacefully.
Is Annulment Cheaper Than Divorce?
Not always.
Because annulments require proof, they may involve:
- More documentation
- More hearings
- Witness testimony
Divorce mediation, however, can be significantly faster and less expensive.
Religious Annulment vs. Legal Annulment
Many clients confuse the two.
Legal annulment comes from a court.
Religious annulment comes from a faith institution.
You may need one, the other, or both, depending on your personal circumstances.
My Psychologically-Based Mediation Process
As both a legal and a medical professional trained in psychology, I address:
- Emotional triggers
- Communication breakdowns
- Power imbalances
- Narcissistic or manipulative behavior
This keeps conflict low and results fair.
When Annulment Makes Sense
You may consider annulment if:
- The marriage was very short
- There was deception
- There was coercion
- A spouse concealed a critical fact
However, many more people qualify for divorce than annulment.
When Divorce Is the Better Option
Divorce may be preferable when:
- Proof of grounds for annulment is weak
- Children and property are involved
- Both parties want closure
Mediation can make divorce peaceful and affordable.
Which Option Protects You Best Financially?
Divorce typically gives:
- More robust property rights
- Access to spousal support
- Retirement division
Annulment may eliminate these benefits.
Why Choose Mediation?
Mediation helps couples:
- Stay out of court
- Save money
- Maintain privacy
- Protect their children’s emotional health
- Resolve conflict faster
My unique and comprehensive mediation process is calm, structured, and solution-focused.
Here Are Some Of The Frequently Asked Questions I Receive About Annulment vs. Divorce
Is annulment easier than divorce?
Not usually. Annulment requires proof of specific legal grounds.
How long do I have to file for an annulment?
It varies by state and by ground. Some grounds have strict time limits.
Does annulment affect child custody or child support?
No. Children are fully protected.
Can I get an annulment if my spouse lied to me?
Possibly, depending on the severity and materiality of the deception.
If you have lots of questions about annulment vs. divorce, call me. As a NY divorce attorney and mediator for over 35 years, I have answers to all your questions. We can discuss all your options and find the right path for you and your family.
Call now to schedule your free consultation 212.734.1551
I look forward to speaking with you!
Warm regards,
Lois
Let’s choose the path that protects your rights, well-being, and future happiness.