What is the difference between a declaration of nullity and a divorce?
A civil divorce is concerned with the end of a marriage while a decree of nullity concerns the beginning. Simply because a separation or divorce has taken place does not mean a declaration of nullity can be granted. Civil law grants divorce (dissolving the rights, claims and civil obligations between a husband and wife) because they cannot or will not continue together. A declaration of nullity does not dissolve a marriage. It declares that a specific union, thought to be a marriage by all appearances, did not include, from the beginning, the proper intentions and/or capacities for a valid and sacramental marriage in God’s plan.
