What Is the Difference Between a Divorce and an Annulment?

 Posted on January 31, 2025 in Divorce

The end of a marriage typically means you will have to make many difficult decisions about the future. One of the first legal decisions many people face is whether to pursue a divorce or an annulment. While both options bring a marriage to a legal close, they are key differences. The choice between the two depends on your unique situation, and understanding the differences can help you make the best decision for your circumstances. An Illinois family law attorney can help you determine which option will be in your best interest and work to protect your rights. 

What Is a Divorce?

Divorce is the legal dissolution of a valid marriage. In Illinois, a no-fault divorce can be granted when a couple claims that irreconcilable differences caused their relationship to break down. Irreconcilable differences are the only acceptable grounds for divorce recognized in Illinois; they can end the marital relationship, but acknowledge that the marriage was valid from the start.

What Is an Annulment?

An annulment, referred to as a declaration of invalidity of marriage, is a legal process that voids a marriage. An annulment, unlike a divorce, treats the marriage as if it never legally existed. To qualify for an annulment in Illinois, specific criteria must be met, such as:

• Lack of capacity: One or both spouses did not have the mental capacity to consent when they got married, due to intoxication, mental illness, or duress.

• Underage marriage: One spouse was under the legal age of consent and did not receive parental or court approval.

• Fraud or misrepresentation: The marriage was based on significant deception.

• Bigamy or incest: The marriage was invalid under state law.

Annulments are generally more complicated to obtain than divorces and may have to be requested within a specific time frame, depending on the reasons for annulment.

How Do Divorce and Annulment Differ in Legal Outcomes?

The differences between divorce and annulment extend beyond the process itself, as the legal outcomes of each can significantly impact your financial and personal situation. Some areas where there are key differences include: 

• Marital Property: Under Illinois law, marital property is divided equitably in a divorce. However, in an annulment, there is no marital estate to divide, as the marriage is considered void. Property ownership is typically decided based on the status it would have had before the marriage.

• Parental Rights and Responsibilities: Whether a marriage ends in divorce or annulment, the legal responsibilities surrounding child custody and support remain unchanged. Illinois courts prioritize the child's best interests when determining parenting time and child support obligations.

• Legal Status of the Marriage: A divorce ends a valid marriage. An annulment essentially erases the marriage, making it as though it never legally happened.

Which Option Is Right for You?

The decision between divorce and annulment depends on the specific circumstances of your marriage. Divorce is more common because it does not require proving that the marriage was invalid. However, if your marriage meets the criteria for annulment, pursuing this option may align better with your needs.

Contact a Kane County, IL Divorce and Annulment Attorney

If you are looking to end your marriage, a knowledgeable St. Charles, IL family law attorney at Goostree Law Group can help you understand your options. Call 630-584-4800 today to discuss your case and take the first step toward reaching a resolution.