An annulment is a court decree stating that a valid marriage never existed between two parties who went through a marriage ceremony. Annulments are typically granted only if there has been a mistake or deception between the parties--for instance, if one party revealed that he couldn't have children, or if the parties learn after marriage that they are closely related by blood. Parties may choose several reasons to seek a legal separation or divorce rather than an annulment.
Time Limits
In many states, the amount of time a couple has to file for an annulment after realizing they have grounds for one is quite short. For instance, according to Illinois Divorce, Illinois residents typically only have 90 days to file for annulment once grounds for doing so are discovered. For instances where the couple may wish to stay together--for instance, if they discover one spouse cannot produce children--the pressure of a short time limit can make annulment a disadvantageous option.
Grounds
The grounds for an annulment are limited and specific. In most states, an annulment can only be obtained if the parties married due to mistake, fraud or duress, or one of the parties was legally incapable of marrying--for instance, if the person was too young to marry legally or was already married to someone else. Whichever grounds you have for an annulment, you must state and prove them in court.T he court proceedings cost time and money, and may embarrass both parties. However, in most states, a court will grant a "no-fault" divorce in which neither party has to prove the other did anything wrong. A no-fault divorce may be a better option than annulment if it saves time, money and face.
Property
Unlike a divorce, a court usually has no power to divide property equitably in an annulment proceeding. Because an annulment holds that a valid marriage never existed, property could not have been obtained by the couple as a married couple. Although most courts can and will provide for spousal support and child custody, support, and visitation during an annulment, they will be unable to divide property fairly between the spouses. A divorce, however, will allow this property to be divided fairly.
