Divorce, Annulment: What's the Difference?

“Another case involved a New Jersey man who wanted to have children and raise a family. A year after marrying the woman of his dreams, it became obvious to him that she would never agree to bear his children. He filed for annulment, again based on a fraudulent misrepresentation that induced him to marry her.”  


DO IT YOURSELF ANNULMENTS

Amy L. Wishart, a paralegal for DoItYourselfDocuments.com based in Washington State, said in her experiences she has found annulments tend to be faster than divorces.  

Wishart, who penned a do it yourself kit on how to file for an annulment in Washington, said couples who file for an annulment in the state actually file a petition for invalidity – meaning the marriage never existed. According to Wishart, one of the compelling reasons her clients opt for an annulment versus a divorce has to do with the legal process. “Every annulment I have done, compared to divorces, have all gone through,” Wishart said. “It’s very simple.”  

In the state of Washington, Wishart said, couples seeking a divorce are subjected to a 90-day waiting period. In comparison, spouses filing a petition of invalidity have a much faster turn-around. “If both people are signing, it takes 10 days, two weeks at the most,” Wishart said. “There is no waiting period for an annulment.”  

To get a do-it-yourself annulment through the Web site, Wishart said the cost is $145 if the couple is filing without children, or $195 with children. There is also a $250 filing fee charged by the state. Divorces entail the same fees as annulments, she said.  

While most of Wishart’s annulment clients are typically newly married couples, she did say some of her customers have been married for years and come in with a mission to erase their marriage. Lastly, Wishart said that do-it-yourself annulments only work out when both couples agree to the petition.  

“If one person is not available, doesn’t want to sign, they can still go through the process, but the other party will be given notice. If they object, then we are done,” Wishart said, adding at that point the spouses must retain lawyers to move forward with their legal matters.  


RELIGIOUS ANNULMENTS

Wishart and Gurlanick are also quick to point out the differences in legal and religious annulments. “Don’t confuse a legal annulment with a religious annulment. The church annuls marriages, and some people abide by that procedure, but it has not legal effect whatsoever,” Gurlanick said.

“Only a state can marry you and only a state can end that marriage – one way or the other. You can be divorced under state law, and then submit to an annulment in the Catholic Church. Legally speaking, you were divorced, not annulled. The religious event has no legal meaning whatsoever.”  

Wishart, who is not Catholic, said she has associates who practice the religion and understands that matrimonial annulments in the Catholic Church are hard to achieve. And the Catholic Church isn't the only religious organization that permits annulments. 

According to Guralnick, if a couple is Jewish, they can request a “Get," also not an easy process and also not legally binding. “You may need to get a Get if you’re Jewish, but until the state divorces you or annuls you, you’re still married.” 


Casey Clark Ney is a freelance journalist based in Boise, ID. She holds a B.A. in Communication. Her Web site can be viewed at www.CaseyClarkNey.com. E-mail correspondences can be sent to caseyclarkney@earthlink.net.