Ending a marriage · Missouri law
The difference between divorce and annulment comes down to one question. A divorce ends a valid marriage. An annulment declares that a valid marriage never existed. In Missouri, that second route is open only for a short list of reasons, and the proof required is demanding.
Most people who ask about annulment are thinking of a short marriage or a spouse who turned out to be someone else. Those facts usually point to a divorce, not an annulment. Bardol Law Firm practices family law and nothing else, across St. Louis City, St. Louis County, St. Charles County and Jefferson County.
What Is the Difference Between Divorce and Annulment?
A divorce, which Missouri calls dissolution of marriage, ends a marriage that was legally valid. Missouri is a no-fault state. The court enters a judgment when it finds the marriage is irretrievably broken, one spouse has lived in Missouri for at least 90 days before filing, and at least 30 days have passed since the petition was filed (RSMo 452.305). See grounds for divorce.
An annulment asks the court for a declaration of invalidity of marriage. Missouri has no single statute listing the grounds. The procedure comes from Chapter 452, which handles invalidity cases alongside divorces (RSMo 452.300), while the grounds come from Chapter 451 and decades of court decisions. Missouri courts start from a strong presumption that a marriage is valid, so the spouse asking for the annulment carries a heavy burden.
Most people pick between divorce and annulment before they ever talk to a lawyer.
Whether a ground really exists, what proof it takes, how property and support change, what it means for the children. One hour with an experienced Bardol Law Firm attorney before you decide can save you from choices that are hard to undo later. You will leave understanding your rights, your options, and what to do next.
$300 · One full hour · No obligation to hire us
When Is an Annulment Available in Missouri?
The grounds fall into two groups. A void marriage was never allowed by law. A voidable marriage is valid until a court sets it aside, because something was wrong with one spouse’s consent.
- Bigamy, where either spouse was still married to someone else (RSMo 451.030)
- Close relatives, including first cousins and half siblings, which are presumptively void (RSMo 451.020)
- No marriage license, or a ceremony not performed by someone authorized (RSMo 451.040)
- Fraud about something vital to the marriage itself, not lies about money or the past
- Concealed inability to have a sexual relationship, known before the wedding
- Duress, meaning a marriage forced by threats
- Lack of mental capacity to understand the marriage contract at the ceremony
Age changed in 2025. Missouri no longer issues a marriage license to anyone under 18, with no exception for parental consent (RSMo 451.090).
Missouri appellate courts have called annulment the exception and not the rule. Hiding debts, a criminal record or past relationships usually is not enough. And for a voidable ground, continuing to live together after learning the truth can be treated as accepting the marriage. A void marriage, like a bigamous one, can be challenged at any time.
How Divorce and Annulment Differ on Property, Support and Children
Marital property is divided in just proportions, which means fairly, not always equally (RSMo 452.330).
The property statute is written for dissolution, so division is less predictable and often aims to put each spouse back where they started.
Available based on need, ability to pay and the other statutory factors.
Still possible. The maintenance statute names nonretroactive invalidity proceedings in its first line (RSMo 452.335).
Custody, a parenting plan and child support are decided in the judgment.
The same. Children of an annulled marriage are legitimate (RSMo 474.080), and the husband is still presumed to be the father (RSMo 210.822).
A public court file and a judgment of dissolution.
Also a public court file and a judgment. The marriage is declared invalid, but the case does not disappear.
For children, the outcome looks much the same either way. The court still decides custody based on the child’s best interests and still orders support. No separate paternity case is usually needed, because the presumption of paternity covers a child born during a marriage that is later annulled.
One hour. Your marriage. A clear answer on which route fits.
For $300, sit down one-on-one with an experienced Bardol Law Firm family law attorney. We will dig into your specific situation, explain your rights and options in plain English, and map out practical next steps. This is a working strategy session, not a sales pitch, and you leave with real value whether or not you hire us.
$300 · One full hour with an attorney · No obligation to retain our firm
Common Misunderstandings About Annulment
Length does not matter. A marriage of two weeks with no recognized ground ends by divorce.
The court file stays. The judgment declares the marriage invalid, it does not delete it.
A religious annulment is separate and has no legal effect on its own.
Usually the opposite. A contested annulment is a trial on the ground, while an uncontested divorce can finish soon after the 30-day minimum.
Choosing the Right Path
When an annulment ground may exist, the petition can ask for a declaration of invalidity and, in the alternative, a dissolution. If the annulment claim fails, the case can still end in a divorce instead of starting over. Religious reasons, immigration or benefit consequences, and the strength of the evidence all affect which route makes sense, and that is worth sorting out before anything is filed. A legal separation is a third option for spouses who are not ready to end the marriage.
Your case is handled by one of our attorneys, Ann Vatterott Bruntrager, Denise N. Gabel, Mikayla Butler or Anna Palmer, with a named paralegal who knows your file. We generally return calls within one business day. Contact Bardol Law Firm to talk through which route fits.
Not sure how this applies to your situation?
Bardol Law Firm handles family law and nothing else, in St. Louis County, St. Louis City, St. Charles County and Jefferson County. We generally return calls within one business day.
Frequently Asked Questions About Divorce vs Annulment
Can I get an annulment in Missouri because the marriage was short?
No. The length of the marriage is not a ground. An annulment requires a recognized reason, such as bigamy, a prohibited relationship, a missing license, or fraud, duress or incapacity at the time of the wedding.
Is it easier to get a divorce or an annulment in Missouri?
A divorce, in almost every case. Divorce only requires that the marriage be irretrievably broken. An annulment requires clear, cogent and convincing proof of a specific ground, and courts grant it only on unusual facts.
Are children of an annulled marriage legitimate?
Yes. Missouri law treats children of a marriage later declared invalid as legitimate, and the court can enter custody and child support orders just as it would in a divorce.
Can I get maintenance after an annulment?
Possibly. Missouri’s maintenance statute applies to proceedings for nonretroactive invalidity as well as divorce. Whether it is awarded depends on the facts, including need and the other spouse’s ability to pay.
Do I need a civil annulment to get a church annulment?
Generally no. A religious annulment is a separate process run by the religious body. Many tribunals ask for a civil divorce first, not a civil annulment.
This page provides general information about Missouri divorce and annulment law and is not legal advice. Every situation is different, and outcomes depend on the specific facts. Reading this page does not create an attorney-client relationship.
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