How is annulment different from divorce?

Annulments are very different from divorce, and also very rare. You’re entitled to an annulment only when you entered into a divorce under unknowing circumstances or under some kind of duress. Think of going to Las Vegas, waking up in the morning and finding out that you were married at 5 am in the morning and have no memory of it, and never consummated the marriage. That’s an annulment. Think of the farmer’s daughter, when the farmer puts a shotgun to your head and says, “You really want to marry my daughter, don’t you?” And you said, “I sure do.” The next day you run to a lawyer and say, “I want an annulment.” That’s an annulment.

Even in those 2 situations, if you physically, through sexuality, consummate the marriage, then you typically are not entitled to an annulment. The only other example might be, say, you marry somebody, and didn’t understand at the time that they are not physically capable of consummating the marriage, and never did consummate the marriage, then you might be entitled to an annulment weeks or even months later. In general, almost everybody that comes into my office saying, “I was deceived, I want an annulment,” they’re really only entitled to a divorce.