Both divorce and annulment are court procedures that dissolve a marriage. However, unlike a divorce, an annulment treats the marriage as though it never happened. The vast majority of dissolutions of marriage are done through divorce.

All states require the spouse filing for the divorce to be a resident of that state. The time requirements for establishing residency vary, but generally range from 6 months to a year.

Each state has its own procedure for divorce. The majority of states adopt the "no fault" approach to divorce, while some retain a "fault" divorce system.

The “No Fault” divorce’s key feature is that the spouse filing for divorce need not prove any wrongdoing or "fault" on behalf of either party to get a divorce. Some states merely require the couple to declare they no longer can get along. In other states, the couple is required to live apart for a specified period of time (months or years) before they can file for a "No Fault" Divorce.

In “Fault” divorces, the spouse that is filing for a divorce must cite a reason as to why the divorce should be granted. Although the "fault" rules or justifications vary from state, common cited reasons are:

• Cruelty ( infliction of unnecessary or emotional pain)
• Adultery
• Desertion for a specific length of time
• Confinement in prison for a set number of years
• Physical inability to consummate the marriage

In many cases, a couple filing for divorce is able to work out an agreement concerning the division of their property and debts on their own. In cases where such an agreement cannot be reached, a court must step in and apply state law to settle the dispute. State laws regarding the division of marital property are classified under two categories:

Community Property States: In Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, all property of a married person is classified as either community property, owned equally by both spouses, or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.

Equitable Distribution Property States: In all other states, assets and earnings accumulated during marriage are divided equitably. The court considers many factors and will look at the financial situation that each spouse will be after the divorce to determine what division is fair. These factors may include, but are not limited to, the earning potential of each spouse and the duration of the marriage.


With regard to annulments, they usually take place after very short marriages. The grounds vary from state to state, but the justifications for obtaining a civil annulment generally include:

• Misrepresentation or fraud
• Concealment (hiding something substantial from the spouse)
• Refusal or inability to consummate the marriage
• Misunderstanding