If you are a Hoosier exploring your options for ending a marriage, you have likely come across both “divorce” and “annulment.” Although both can bring a marriage to a close, they are different processes under Indiana law.
The difference between divorce and annulment
A divorce, formally called a “dissolution of marriage” in Indiana, ends a legal marriage. The court confirms the marriage existed, declares it over and allows each party to move forward as a single individual.
An annulment, on the other hand, declares that the marriage was not legal from the beginning. Both processes go through the state’s circuit or superior courts and generally require that you or your spouse be a resident (or stationed at a military installation) for at least six months, and in your county for at least three months.
Grounds for divorce
Because Indiana is a no-fault state, you do not need to prove your spouse did something wrong to file. But the state also allows for fault-based grounds such as a felony conviction that occurred after the marriage or impotence that existed at the time of the marriage.
Criteria for annulment
Annulment has a much narrower set of requirements. Indiana splits these into two groups: void and voidable marriages.
A void marriage is when union was never legally allowed under state law, such as when your spouse was already married to someone else. A marriage between relatives closer than second cousins is also void under state law.
A voidable marriage may qualify for annulment if one party was underage and could not legally consent or if fraud played a direct role in the decision to marry. Not all types of dishonesty count as fraud under state law, though. Claims about wealth, character or criminal history have generally not been enough on their own.
The overlap between divorce and annulment
One common myth about annulment is that it wipes the slate completely clean. In reality, Indiana courts can still divide property and handle matters involving children even after granting an annulment. That is because annulment cases follow the same procedural rules outlined in Indiana’s dissolution statutes.