When your marriage is not working out, couples in Texas often assume that divorce is the only way to legally end the relationship. However, both annulments and divorces are legal methods for ending marriages, each with distinct requirements and outcomes.
However, there is another option: annulment.
Although annulment and divorce can dissolve a marriage, legal procedures and consequences for each are different. Hence, it is critical to know what is the difference between the two and which one is suitable for your particular situation. The biggest difference is that a divorce legally ends a valid marriage, while an annulment declares that the marriage was never valid from the start.
In this guide, I will help you explore the key differences between annulment vs divorce, the legal grounds for each in Texas, and the implications for property division, child custody, and more. Consulting a family law attorney is often the best course to determine whether an annulment or divorce is appropriate for your circumstances.
So, let’s get started.
What is an Annulment?
A legal annulment is a procedure that declares a marriage null and void – as if the marriage never existed, legally. In comparison, a divorce ends a valid marriage, whereas an annulment completely erases it. Annulments in Texas are only granted under certain circumstances and can be hard to obtain.
A person seeking a legal annulment must meet specific requirements set by Texas law. If the court grants the annulment, the marriage is annulled, meaning it is treated as though it never legally occurred.
Grounds for Annulment in Texas:
To annul a marriage in Texas, you must meet one of the following specific reasons as legal grounds for annulment:
Fraud: If your spouse entered the marriage based on deception and lies, your marriage is eligible for annulment. This can include hiding a previous marriage, not disclosing criminal charges, or inability to have children. The fraud must be proven in court to obtain an annulment.
Bigamy: If your spouse was legally married to someone else at the time of the marriage, your marriage can be annulled as the union would be invalid. Bigamy must be proven in court.
Mental Incapacity: If either or both spouses lack the mental capacity to understand the nature of marriage due to mental illness or intoxication during the time of marriage. Mental incapacity must be proven in court.
Underage Marriage: If your spouse was under 18 at the time of marriage and did not have parental consent. This must be proven in court.
Impotence: If your spouse is physically unable to have intercourse and this was not disclosed before the marriage. Impotence must be proven in court.
Forced Marriage: If you were forced into the marriage. The force must be proven in court.
Moreover, in Texas, couples are required to wait for 72 hours after receiving the marriage license before getting married. If the couple marries within 72 hours, the marriage can be annulled.
Time Limits for Seeking Annulment
Timelines for seeking annulment can vary. In Texas, there are time limits for filing for an annulment depending on the grounds. For example, if it is for an underage marriage, the annulment must be filed before the underage spouse turns 18. A formal request for annulment must be submitted to the court within these specified time limits.
Whereas, you must file for annulment within 90 days of discovering the fraud. It is important to complete all necessary paperwork accurately and on time to ensure your request is considered by the court.
Hence, annulments can be complicated, and having an experienced family attorney by your side is always beneficial.
Annulment Proceedings
Annulment proceedings are a formal legal process that allows one or both spouses to have their marriage declared null and void by the court. Unlike a divorce, which ends a legally valid marriage, an annulment declares that the marriage was never legally valid to begin with. To start the annulment process, a party must file a petition with the court, clearly stating the grounds for annulment—such as fraud, bigamy, or lack of parental consent—based on state laws.
During annulment proceedings, both parties may be required to attend a court hearing and present evidence supporting their claims. The court will carefully review the circumstances of the marriage, including any evidence of fraud, coercion, or other legal grounds that would make the marriage legally invalid. In most cases, the judge will also consider the best interests of any children born during the marriage, as well as issues related to property division and spousal support.
If the court finds sufficient evidence that the marriage should be annulled, it will issue a legal ruling declaring the marriage null. This means that, in the eyes of the law, the marriage never existed, and both parties are free to marry again. However, annulment proceedings can have significant legal ramifications, especially when it comes to child custody, property rights, and financial support. Because the annulment process can be complex and the legal effect of an annulment is different from a divorce, it is essential to consult with a qualified attorney. An experienced attorney can help you understand your legal options, gather the necessary evidence, and guide you through each step of the annulment case to ensure your rights are protected.
Divorce and How it Differs from Annulment
Unlike annulment, a divorce legally ends a valid marriage, and the parties are then considered divorced. Through divorce, a couple terminates their marital relationships and resolves issues such as property, child custody, and spousal support. These matters are often addressed in family court, where parties can reach an agreement on property division and child custody, which is then formalized by the court.
Grounds for Divorce in Texas:
In Texas, you can file for both fault divorces and no-fault divorces. In a no-fault divorce, there is no need to prove the other did anything wrong to cause the marriage to fail. One of the most common grounds for a no-fault divorce is “irreconcilable differences,” which means the marriage is irreparably broken.
On the other hand, you have fault divorces, and some grounds include:
Adultery: If your spouse has committed adultery, you are eligible to file for divorce.
Cruelty: If your spouse has caused you mental or physical harm, this may serve as grounds for divorce.
If your spouse has left you for at least one year without intention of returning.
Felony Conviction: If your spouse has been convicted and imprisoned for more than a year.
Living Apart: If you and your spouse have separated and are living apart for at least three years.
Uncontested divorces are also an option when both parties agree on all terms, making the process simpler and faster.
No Time Limits for Divorce
Compared to an annulment, a divorce has no time limits. You can file for a divorce at any time in your marriage – whether it is in the first month of your marriage, or after many years. The timing of marrying does not affect your ability to seek a divorce.
Annulment vs Divorce: Impact on Property Division and Support
Annulment: Due to the nature of an annulment, property division is treated differently. Spousal support or alimony is typically not available in annulment cases, since an annulment voids your marriage. Unlike former spouses after a divorce, parties to an annulled marriage generally do not have ongoing support or property obligations to each other.
However, the court may award some financial relief during the marriage, if one spouse has significant financial contributions.
Divorce: Texas is a community property state and in a divorce, any assets acquired during the marriage are divided between you and your spouse. Former spouses may have ongoing obligations, such as spousal support or property division, after the divorce. Child support and custody arrangements are also decided as part of the divorce process.
Annulment vs Divorce: Impact on Children
Children are impacted in one way or another when marriages end, whether through annulment or divorce, and this can affect the legal status of children.
But legally, annulment and divorce can have different implications.
One frequently asked question is if children born to an annulled marriage are considered legitimate. This is a fair question given that the marriage is now null and void.
In Texas, children born to an annulled marriage are still considered legitimate.
Moreover, the courts would also address child custody and support just as they would in a divorce. Both parents remain responsible for their children after an annulment or divorce, and custody and support obligations apply to both.
Simultaneously, divorce proceedings also address child custody, visitation, and support.
After an annulment or divorce, the law treats children of unmarried parents similarly to those born to marriages that end, ensuring that all children have the same rights to support and care.
In both cases, divorces and annulments, the best interest of the child will be considered.
Which Is Right for You: Annulment or Divorce?
When you need to decide between an annulment or a divorce, it is important to make an informed choice based on your circumstances. Both annulment and divorce involve legal proceedings, so understanding the formal steps and requirements for each is crucial before making your decision.
Here are a few things to consider:
If your marriage qualifies for annulment under Texas law, like fraud, lack of consent, etc., annulment may be a better option. Otherwise, divorce is your only option.
From a financial and custody perspective, divorce offers clearer protections. So, if you are worried about spousal support, child custody, and support, divorce is a more structured way to proceed.
Conclusion: Making the Right Choice
Annulment and divorce can both legally end a marriage, but both can have different consequences. If you are unsure, it is best to consult with a family lawyer to review your situation and options.
Attorney Grant Frankfurt
Attorney Grant Frankfurt is a board-certified family attorney based in Dallas, Texas. Grant Frankfurt has helped individuals navigate through complex divorce and legal family matters for over a decade. Schedule a consultation today online or call me at (214) 775-5050.
