A divorce divides the community property and obtains a Judgment to terminate the marriage. An Annulment goes back and determines there never was a marriage. Therefore, there is nothing to divide, including children custodial time. If there are children, then a Paternity action is required to deal with the children. An Annulment is usually difficult to obtain requiring the proof of fraud in the obtaining of the marriage, illegal marriage (one person was and is married at the time of the marriage at issue (bigamous), unsound mind, force, physical incapacity. If cohabitation continues after finding out one of the reasons allowed for an Annulment, then that defense may become waived.
Answered on Apr 15th, 2015 at 10:42 AM