Annulment vs. Divorce in Arkansas: Which is Right for You?
Brandon Haubert
Jan 9, 2026
If you are reading this, you are likely in a painful situation where you need to end a marriage—perhaps one that feels like it never should have started.
Many people come to us asking for an annulment because it sounds like the perfect solution: a legal "reset button" that erases the marriage as if it never happened. It’s appealing to think you can walk away without the stigma of being "divorced."
But in Arkansas, the reality is quite different. While TV shows make annulments look like a quick fix for a short marriage, Arkansas law treats them as a rare and difficult legal procedure.
Who this guide is for: Arkansas residents who want to end their marriage and are trying to decide if they qualify for an annulment or if they should file for divorce.
What you will learn:
The crucial difference between "void" (annulment) and "ending" (divorce).
The strict checklist of grounds you must meet for an annulment.
Why a "no-fault" divorce is often the faster, cheaper option.
How both paths affect your children and property.
Key Takeaways
Annulment is rare: It is only for marriages that were illegal or invalid the moment you said "I do."
Length doesn't matter: You can be married for 24 hours and still not qualify for an annulment if the marriage was legal.
Burden of proof: You must prove grounds like fraud, force, or bigamy with hard evidence.
Children are safe: An annulment does not make your children illegitimate in Arkansas.
Divorce is standard: For 99% of people, a divorce is the correct and most practical legal path.
Table of Contents
The Core Difference: Invalid vs. Broken
Grounds for Annulment in Arkansas
Grounds for Divorce in Arkansas
Comparison: Property, Alimony, and Kids
The Process: Why Divorce is Often Easier
When to Talk to a Lawyer
Next Steps
The Core Difference: Invalid vs. Broken
To choose the right path, you have to look at the start of your marriage, not the end.
Annulment claims the marriage was never valid. There was a legal defect (like bigamy or force) at the very specific moment of the wedding ceremony that made the contract void.
Divorce acknowledges that the marriage was valid, but it is now broken.
Think of it like buying a car.
Annulment: You bought a car, but the dealership sold you a stolen vehicle. The sale was illegal from the start, so the transaction is voided.
Divorce: You bought a car legally, but now the engine is blown or you just don't want it anymore. You need to sell it (terminate ownership) to move on.
Grounds for Annulment in Arkansas
You cannot get an annulment just because you have regrets or you've only been married for a week. In Arkansas, you must prove one of the specific grounds recognized by the courts. If you don't fit one of these categories, your case will likely be dismissed.
Common Legal Grounds:
Bigamy: One spouse was already legally married to someone else.
Underage (Want of Age): One spouse was under the legal age of consent (18, or 17 with parental consent) at the time of the wedding.
Incapacity (Mental or Physical): One spouse was mentally unable to understand the marriage contract (due to intoxication or mental illness) or physically unable to consummate the marriage (impotence) at the time of the wedding.
Fraud: One spouse tricked the other into marriage. Warning: This is hard to prove. It must be a lie about something essential to the marriage (like hiding a pregnancy by another man), not just lying about wealth or character.
Duress (Force): One spouse was forced or threatened into the marriage.
Crucial Note: If you discover the issue (like fraud) but continue to live with your spouse, the court may say you "ratified" the marriage. Once ratified, you often lose the right to an annulment.
Grounds for Divorce in Arkansas
Divorce in Arkansas is much broader. You can end a valid marriage either through "fault" or "no-fault" grounds (Ark. Code Ann. § 9-12-301).
The Most Common Options:
18-Month Separation (No-Fault): You and your spouse have lived apart for 18 continuous months without getting back together. This is the cleanest way to divorce without blaming anyone.
General Indignities: This is a "catch-all" fault ground. It means your spouse treated you with rudeness, hate, or abuse that made your life intolerable.
Adultery: Your spouse cheated on you.
Habitual Drunkenness or Conviction of a Felony.
Most Arkansans file for divorce because they don't have to prove the marriage was "fake" from day one—they just have to prove it isn't working now.
Comparison: Property, Alimony, and Kids
One reason people fear divorce is the "messy" division of assets. While annulment sounds cleaner, it can actually complicate things because there are fewer rules for the judge to follow.
1. Children
Annulment:
Many parents worry an annulment will label their children "illegitimate." This is false. Under Arkansas law (Ark. Code Ann. § 28-9-209), children born of a void or voidable marriage are legitimate.
Divorce:
Children are legitimate.
Result: In both cases, the court will establish paternity, decide child custody based on the "best interest of the child," and order child support. There is no difference in how the court protects your kids.
2. Property Division
Annulment:
Technically, there is no "marital property" because there was no marriage. The court generally tries to return everyone to their pre-marriage status—you take what you brought in, they take what they brought in. If you bought a house together, it can get very complicated to untangle without the standard divorce rules.
Divorce:
Arkansas uses "equitable distribution" (Ark. Code Ann. § 9-12-315). The court divides marital property fairly (usually 50/50, but not always). This provides a structured, predictable way to split houses, cars, and retirement accounts.
3. Alimony (Spousal Support)
Annulment:
Because the marriage "never existed," you typically cannot get alimony. You are not an ex-spouse; you are a legal stranger.
Divorce:
You may be eligible for alimony if you have a financial need and your spouse has the ability to pay.
The Process: Why Divorce is Often Easier
If you are on the fence, you should know that divorce is usually the path of least resistance.
The Burden of Proof
In an annulment, the burden is 100% on you. You must walk into court with medical records, police reports, or witnesses to prove that on the day of your wedding, a specific legal defect existed. If the judge isn't convinced, you stay married.
In a divorce, especially a no-fault one, the proof is simple: "We have lived apart for 18 months." Even for "general indignities," the bar is often lower than proving fraud.
The Cost
An annulment is often more expensive than an uncontested divorce. Why? Because it requires more evidence, more hearings, and more lawyer hours to prove the marriage was invalid.
Timelines
Both processes generally follow Arkansas residency rules:
You must live in Arkansas for 60 days before filing.
You must wait 3 months from the date you moved here or 30 days after you file before the judge signs the final decree (Ark. Code Ann. § 9-12-307).
So, an annulment is not necessarily faster than a divorce.
When to Talk to a Lawyer
While many people handle simple divorces themselves, annulments are legally technical. You should speak to an Arkansas attorney or Legal Aid if:
You are claiming fraud or duress: These are very hard to prove without a legal strategy.
There is domestic violence: Your safety is priority #1.
You have significant shared assets: If you bought a house or business during the "marriage," an annulment makes dividing it tricky.
You need alimony: If you relied on your spouse for support, an annulment might cut you off financially.
Next Steps
Deciding to end a marriage is never easy, but choosing the correct legal form will save you money and headaches later.
Check the Date: If you have been separated for 18 months, a no-fault divorce is your safest bet.
Check the Facts: If you don't have hard proof of fraud, bigamy, or incapacity, annulment is likely off the table.
Gather Documents: Start collecting marriage licenses, financial records, and separation dates.
Would you like to move forward with a standard Divorce?
ArkansasLegalNow can help you generate the documents you need for a simple, uncontested divorce without the high cost of a lawyer.
Get Started with your Arkansas Divorce
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Disclaimer: ArkansasLegalNow is not a law firm and this is not legal advice. This guide provides general information for self-represented litigants in Arkansas. If your case is contested or complex, please consult a licensed attorney.