When your marriage is not working out, couples in Texas often assume that divorce is the only way to legally end the relationship.
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.
In this guide, I will help you explore the key differences between annulment and divorce, the legal grounds for each in Texas, and the implications for property division, child custody, and more.
So, let’s get started.
What is an Annulment?
An 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 specific circumstances and can be hard to obtain.
Grounds for Annulment in Texas:
To annul a marriage in Texas, one of the following legal grounds must be met:
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.
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.
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.
Underage Marriage: If your spouse was under 18 at the time of marriage and did not have parental consent.
Impotence: If your spouse is physically unable to have intercourse and this was not disclosed before the marriage.
Forced Marriage: If you were forced into the marriage.
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.
Whereas, you must file for annulment within 90 days of discovering the fraud.
Hence, annulments can be complicated, and having an experienced family attorney by your side is always beneficial.
Divorce and How it Differs from Annulment
Unlike annulment, a divorce legally ends a valid marriage. Through divorce, a couple terminates their marital relationships and resolves issues such as property, child custody, and spousal support.
Grounds for Divorce in Texas:
In Texas, you get both, fault-based and no-fault divorce options. 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” which means the marriage is irreparably broken.
On the other hand, you have fault-based divorce 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.
Abandonment: 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.
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.
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.
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. 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 a marriage ends. 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.
Simultaneously, divorce proceedings also address child custody, visitation, and support.
In both cases, divorces and annulments, the best interest of the child will be considered.
Which Is Right for You: Annulment or Divorce?
Whether you should get an annulment or a divorce depends entirely on your circumstances. 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.
