Annulment vs. Divorce in Indiana: Understanding Your Options

When it comes to ending a marriage in Indiana, individuals typically consider two legal options: annulment and divorce. While both processes result in the dissolution of a marital relationship, they differ significantly in terms of their legal implications, requirements, and outcomes.

An annulment is a legal procedure that declares a marriage null and void, essentially stating that the marriage was never valid from the beginning. In Indiana, annulments are rare and granted only under specific circumstances. Common grounds for annulment include situations where one or both parties were underage at the time of marriage and did not obtain proper consent to be married, cases of bigamy where one spouse was already married, incestuous relationships, or instances where one party was mentally incompetent or unable to consent to the marriage due to intoxication, mental illness, or coercion. Fraud or misrepresentation, such as concealing a significant fact like an existing marriage, can also be grounds for annulment. The person seeking an annulment must provide clear and convincing evidence to support their claim, which makes the process more challenging than a typical divorce. If an annulment is granted the marriage is considered never to have existed from a legal perspective. This means property generally reverts to its pre-marriage status, and spousal support is usually not awarded. However, children born during the marriage remain legitimate and the court will address issues of custody and support as it would in a divorce case.

Divorce, on the other hand, is the legal termination of a valid marriage. Indiana is a “no-fault” divorce state, which means that most divorces are granted on the grounds of an irretrievable breakdown of the marriage, without the need to prove wrongdoing by either party. Other legal grounds for divorce include a felony conviction subsequent to the marriage, impotency at the time of marriage, or incurable insanity lasting at least two years. To file for divorce in Indiana, at least one spouse must have lived in the state for six months and in the applicable county for three months. The divorce process involves filing a petition, serving the other spouse, and resolving issues such as property division, child custody, child support, and spousal maintenance. If both parties agree on these matters, the process is generally smoother; if not, the court will make the final decisions.[1]

In summary, while both annulment and divorce legally end a marriage, annulments are rare and only available under specific circumstances, whereas divorce is more common and accessible. Understanding these differences is essential for anyone considering ending their marriage in Indiana. If you have any questions on what might be the best option for you, please contact McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

[1] https://www.in.gov/indiana-national-guard/files/Divorce_in_Indiana.pdf