Divorce vs. Annulment: What’s the Difference—and Why It Matters

by | Apr 17, 2025

Today we have a post from one of our paralegals, Sharnae Feinstein. She is a seasoned paralegal with over six years of experience supporting clients through complex family law matters. Known for her empathy, attention to detail, and focus on client care, she brings both professionalism and heart to every case she supports. Deeply aligned with Law Elevated’s mission, Sharnae is committed to providing an elevated experience—ensuring clients feel seen, supported, and understood during some of life’s most challenging transitions.

When a marriage comes to an end, it’s natural to have questions about the options available. While most people are familiar with divorce, annulment is another legal path that can apply in certain circumstances. Understanding the difference between the two can help you make an informed decision about how to move forward.

Let’s break it down in simple terms.

Divorce: Acknowledging the End of a Legally Valid Marriage

A divorce is the legal process that ends a valid marriage. It acknowledges that the marriage existed and legally dissolves the union, addressing issues like property division, spousal support, custody, and child support along the way.

Whether the decision to divorce is mutual or one-sided, this process is about closure. It provides a legal framework for untangling your lives and setting a new foundation for what comes next.

Annulment: Declaring the Marriage Was Never Legally Valid

An annulment, on the other hand, declares that the marriage was never legally valid to begin with. Instead of ending the marriage, an annulment essentially treats it as though it never existed.

Annulments are granted only in specific situations—such as fraud, coercion, one party being underage, lack of mental capacity, or a marriage that violated legal requirements (like bigamy). If granted, an annulment legally erases the marriage from the record.

Why the Distinction Matters

The key difference lies in the legal recognition of the relationship.

  • A divorce says: “This marriage existed, and now it’s over.”
  • An annulment says: “This marriage should never have been legally recognized in the first place.”

Each option carries different legal implications for property rights, financial responsibilities, and sometimes even parental rights. That’s why it’s essential to talk with an attorney about your specific circumstances—what applies in your case, and what’s going to support your long-term well-being.

Which One Is Right for You?

If you’re unsure whether divorce or annulment is appropriate, we’re here to help. At Law Elevated, we take time to understand your story and guide you through your options with clarity, care, and respect. No matter how your marriage is ending—or why—you deserve legal support that feels steady, honest, and human.

We know these decisions aren’t easy. But you don’t have to make them alone.

Your partner in peace of mind,
Nonie

This material is intended for educational purposes only and does not create an attorney-client relationship or constitute legal advice.

More posts you may find helpful

Understanding Alimony in Utah: What You Need to Know

Understanding Alimony in Utah: What You Need to Know

Your guide to fair, strategic support in divorce Alimony, also known as spousal support, is one of the most sensitive and complex components of any divorce. At Law Elevated, we know that alimony decisions can significantly impact your financial future, and we’re here...

read more
Uncontested vs. Contested Divorce: Which Is Right for You?

Uncontested vs. Contested Divorce: Which Is Right for You?

No two divorces are the same. Some couples are able to agree on the important details and move forward with mutual respect. Others find themselves in the middle of unresolved conflict, complicated decisions, and legal disagreements. Wherever you are in your journey,...

read more
So, You’re Being Deposed—Now What?

So, You’re Being Deposed—Now What?

Today we have a blog post from Aubrey Staples, one of our dedicated family law attorneys at Law Elevated. She brilliantly guides clients through everything from complex divorces and custody matters to adoptions and surrogacy contracts. A graduate of the University of...

read more