Which One Applies to You? Divorce, Dissolution, or Annulment Explained

By Divorce.com staff
Updated Jul 31, 2025

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Ending a marriage is never easy — emotionally, financially, or legally.

If you’re considering divorce, dissolution, or annulment, understanding your legal options is one of the most important steps you can take toward clarity and peace of mind.

In 2023, more than 670,000 marriages ended in divorce That’s a rate of 2.4 per 1,000 people, according to the CDC.

That same year, marriage rates declined nationwide, underscoring a broader shift in how people approach relationships, commitment, and separation.

If you’re navigating these decisions now, you’re not alone. And you’re making a thoughtful choice at a time when many are reevaluating what’s best for their lives and families.

This guide walks through the legal differences between divorce, dissolution, and annulment and outlines the common steps people follow when ending a marriage, so you can move forward with better information and more confidence.

What Is Marriage Dissolution?

Marriage dissolution is a legal way to end a marriage, typically used when both spouses agree on key matters like property division, support, and parenting arrangements.

It’s often considered a less confrontational, more streamlined alternative to traditional divorce.

Some characteristics of dissolution:

It usually doesn’t require either party to prove wrongdoing or fault.
Both spouses must generally agree to the terms of separation.
It’s often faster and less expensive when compared to contested divorces.
Many states treat it as a version of no-fault divorce for couples in agreement.

How Is Divorce Different?

Divorce, while also a legal end to a marriage, can involve more complex procedures, especially when spouses don’t agree on major issues.

A divorce may be uncontested (where both parties agree) or contested (where disagreements need to be resolved through mediation or court).

Compared to dissolution:

Divorce may be filed even if only one spouse wants it.
The process can involve court hearings, legal representation, and formal discovery.
Some states allow fault-based grounds (like adultery or cruelty), though many use no-fault options based on irreconcilable differences.

While the terms “divorce” and “dissolution” are sometimes used interchangeably, dissolution typically refers to a cooperative process that avoids litigation.

What Is an Annulment?

Annulment is a legal procedure that treats a marriage as though it never legally existed.

Unlike divorce or dissolution, which end a valid marriage, an annulment declares that the marriage was never valid from the start.

Grounds for annulment can vary by state, but common reasons include:

One spouse was already married to someone else (bigamy)
The spouses are closely related (incest)
One or both parties were underage at the time of the marriage without proper consent
The marriage was entered into under fraud, force, coercion, or while one party lacked the mental capacity to consent (including cases involving intoxication)
A spouse concealed major facts, such as criminal history, infertility, or the inability to consummate the marriage

Annulments are less common than divorce and typically require meeting strict legal criteria.

Step-by-Step: How Divorce or Dissolution Typically Works

If annulment doesn’t apply to your situation, you may be considering either divorce or dissolution. Below is a general overview of the steps people often follow.

Step 1: Consider Your Readiness

Before beginning any legal process, take time to assess whether you’re emotionally and practically ready. Consider:

How will this affect children or shared responsibilities?
Are you emotionally prepared to handle conflict, negotiation, or compromise?
Do you have access to your financial and legal records?
Would talking to a counselor or mediator be helpful before filing?

Step 2: Learn the Laws in Your State

Each state has its own legal rules about who can file, where to file, and how long the process takes. For example:

Residency requirements: You may need to live in the state for a specific amount of time — often 6 to 12 months — before filing.
Waiting periods: Some states require a waiting period (such as 30 to 90 days) between filing and finalization.
Forms and fees: Required documents, procedures, and filing costs vary by state and county.

It’s a good idea to visit your state or local court website for the most accurate information.

Step 3: Gather Your Documents

Before filing, many people find it helpful to organize essential paperwork. This often includes:

Your marriage certificate
Tax returns (typically the last two to three years)
Bank account and credit card statements
Property deeds or lease agreements
Loan documents and debt records

Keeping digital or physical copies in a secure, organized place can make the process smoother later.

Step 4: Filing the Petition

Most divorce or dissolution cases begin when one party files a petition with the local family court. This petition usually includes:

Basic information about each spouse
The date and location of the marriage
A general statement about why the marriage is ending (often irreconcilable differences for no-fault cases)
Any requests related to property, support, or child custody

Filing fees often range from $100 to $500, depending on your jurisdiction.

Step 5: Notifying the Other Party

After the petition is filed, the other spouse typically must be formally notified—this is often called “service of process.” Common methods include:

Hiring a process server
Requesting service by the sheriff
Using certified mail or alternative service methods if the other spouse cannot be located

If a spouse does not respond within the legally required timeframe (often 20 to 30 days, depending on your state), the court may allow the case to proceed by default.

Step 6: Reaching Agreements

If you and your spouse can agree on major issues, the process may continue without court intervention. If not, negotiation or mediation may help resolve disputes.

Topics often addressed include:

Child custody and parenting time: Creating a parenting plan and determining decision-making responsibilities
Child support and alimony: Ensuring financial needs are met according to state guidelines
Division of property and debt: Agreeing on how to handle real estate, savings, retirement accounts, and any shared liabilities

If full agreement isn’t possible, the court may schedule hearings or even a trial to resolve unresolved matters.

Step 7: Court Finalization

Once all terms are agreed upon or decided by a judge, the court will issue a final judgment.

This document outlines the official terms of your divorce or dissolution, including parenting arrangements, property division, and support obligations.

In some cases, both parties may attend a short final hearing, while in others, everything may be resolved through paperwork alone.

Step 8: After the Final Judgment

Once the process is complete, some next steps may include:

Updating your name on identification and accounts
Transferring property or assets according to the court order
Setting up child support payments or parenting schedules
Keeping copies of the court orders for your records

If circumstances change significantly in the future (such as job loss or relocation), you may be able to request a legal modification.

What Happens After a Divorce vs. an Annulment?

Although both divorce and annulment end a marital relationship, the results are different in legal terms.

After a divorce, both parties are legally considered divorced and may be subject to ongoing obligations like alimony or child support.

Property is usually divided, and child custody is determined if children are involved.

After an annulment, the marriage is treated as if it never legally existed.

While financial support and custody can still be addressed if needed, property division may not apply in the same way, since the marriage itself is considered void.

Religious Annulments vs. Legal Annulments

Some individuals seek a religious annulment through their faith institution. For example, the Catholic Church offers annulments for spiritual or doctrinal reasons.

It’s important to know that:

A religious annulment has no legal effect unless accompanied by a civil annulment through the courts.
If you want to remarry both legally and within your faith, you may need both types of annulment.

Pitfalls to Avoid

No matter which route you're considering, watch out for common missteps:

Relying solely on verbal agreements without a written record
Using outdated or incomplete paperwork
Ignoring your emotional readiness or support needs
Failing to understand your specific state laws
Overlooking the importance of documenting all communication and decisions

The Bottomline

No matter what brought you to this point, moving forward with the right knowledge can make a difficult process more manageable.

Whether you're considering a mutual dissolution, filing for divorce, or exploring whether you qualify for an annulment, you're not alone.

Take time to gather the right information, consult professionals when needed, and lean on trusted resources.

Platforms like Divorce.com offer tools, education, and guidance that can help you navigate the process with more confidence and less stress.

Frequently Asked Questions

Is annulment easier than divorce?

Not usually. While it may seem like a simpler exit, annulments are typically harder to qualify for and often require more proof than a standard divorce.

How long does the process take?

Timelines vary. Uncontested divorces or dissolutions may be resolved in a few months, while contested cases or those involving disputes can take longer.

What if I can’t find my spouse?

Many states allow you to proceed after making reasonable efforts to locate them. Courts may permit alternative service or allow the case to continue without the other spouse’s response.

Do I need a lawyer?

Not always. Many people handle uncontested divorces on their own or with online tools. However, legal representation is often helpful for contested cases, complicated finances, or custody disputes.

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