Annulment vs Divorce in Texas

When considering the end of a marriage, individuals often confuse annulment and divorce because both legally dissolve a marital relationship. And they find themselves weighing the options between the two. However, they have distinct legal effects and requirements. Both processes are subject to specific legal grounds and procedures under the Texas Family Code.

Introduction: Annulment vs Divorce in Texas

Understanding the key differences between annulment vs divorce is essential to making an informed decision that aligns with your circumstances. The paths of annulment and divorce diverge significantly in Texas. So it is in your best interest to understand the two and know what is best for you at the end of the day. In the guide, we will explore the legal and emotional implications of annulment vs divorce, providing valuable insights to help guide you through this complex process.

What is an Annulment?

An annulment is a legal procedure that declares a marriage null and void, as if it never legally existed. Annulments in Texas are rare and are granted only under specific conditions, such as fraud, coercion, underage marriage, bigamy, mental incapacity, or other serious legal defects that made the marriage invalid from the start.

In Texas, this means that once an annulment is granted, it’s as if the legal bond of marriage never existed between the spouses. They return to their previous legal status, and no legal rights or obligations tied to marriage continue to apply. For example, issues like spousal support or division of marital property, which are typical in divorce cases, may not be relevant in annulment cases because the marriage is deemed void.

Key Features of Annulment In Texas

The marriage is treated as if it never happened in the eyes of the law.
It requires proof that the marriage was invalid or unlawful from the beginning.
In some cases, annulment affects property division and spousal support differently than divorce.
Children from an annulled marriage remain legally recognized and retain their rights, such as inheritance and child support.

Annulments in Texas are only available for marriages that were never valid from the start, unlike divorce, which ends a valid marriage. Even with an annulment, issues like property division or child custody may still need to be addressed.

Grounds for Annulment in Texas

To obtain a marriage annulment in Texas, the marriage must meet specific legal grounds outlined in the Texas Family Code. There are two types of annulments, civil annulment and religious annulment. However, religious annulments are not legally recognized by Texas courts. To legally dissolve a marriage, you must apply for a civil annulment, which requires meeting one of the following conditions;

Underage Spouse
Marriage involving an underage spouse can be annulled under Texas law. If one spouse was between 16 and 18 years old at the time of marriage and did not have parental consent or a court order, a guardian may file for annulment on their behalf. However, once the underage spouse turns 18, they lose the right to seek an annulment on these grounds.

Mental Incompetence
For a marriage to be legally valid, both parties must be mentally competent when the marriage license is issued. If one or both spouses were mentally incapacitated and unable to provide legal consent at the time of marriage, an annulment may be granted. A parent or guardian can file for annulment on behalf of the mentally incompetent spouse.

Fraud, Force, or Duress
Annulments are frequently granted in cases involving fraud, force, duress, or misrepresentation. If a spouse was deceived into marriage through fraud, such as concealing a prior marriage, falsifying identity, or misrepresenting key information, the deceived spouse may file for annulment. Additionally, if a spouse was forced or coerced into marriage under threat, it may also be grounds for annulment.

Under the Influence of Drugs or Alcohol
A marriage may be annulled if one or both spouses were intoxicated at the time of the ceremony. To obtain an annulment on these grounds, the spouse seeking annulment must provide proof that they would not have agreed to the marriage if they had been sober. Additionally, they must show that they did not cohabit with the other spouse after the effects of alcohol or drugs wore off.

Other additional grounds include;

Impotency
If one spouse was permanently impotent at the time of marriage and the other spouse was unaware of this condition, it can be grounds for annulment. Impotence refers to a physical or medical inability to engage in sexual relations, which can affect the marital relationship. To qualify for annulment, the spouse seeking it must prove that they were unaware of the condition before marriage.

Bigamy
A marriage can be annulled if one spouse remarried within 30 days of finalizing a divorce but failed to inform their new spouse about the previous marriage. This is because Texas law has a 30-day waiting period after a divorce before a person can legally remarry. If the new spouse learns about the undisclosed divorce after the marriage, they can file for an annulment based on deception and lack of informed consent.

Marriage Within 72 Hours of License Issuance
Texas law requires a 72-hour waiting period between the time a marriage license is issued and when the wedding takes place. If a couple marries within these 72 hours, the marriage can be annulled. This rule is meant to prevent impulsive marriages and ensure that both parties have time to consider their decision. However, there are exceptions to this rule, such as for active-duty military members or individuals who complete premarital education courses.

These legal grounds provide additional ways a marriage can be annulled in Texas, ensuring that marriages entered into under misleading, unfair, or rushed circumstances can be legally dissolved.

What is a Divorce?

A divorce is a legal process that dissolves a valid marriage and settles matters such as property division, child custody, alimony, and support. Unlike annulment, a divorce recognizes that the marriage was legally valid but has ended due to irreconcilable differences, misconduct, or other reasons. Divorce acknowledges the marriage as valid but terminates the legal relationship due to irreconcilable differences or fault-based grounds. After a divorce, both parties can remarry, but they will have to deal with the legal consequences of dividing assets and responsibilities.

In Texas, you don’t need to prove that one spouse did something wrong to file for divorce, as the state recognizes no-fault divorce. The court will divide property, settle custody issues, and address spousal support in the divorce decree. Texas divorce laws allow for both no-fault and fault-based divorces, giving couples flexibility in how they end their marriage.

Key Features of Divorce are:
The marriage was legally valid, but one or both spouses no longer wish to remain married.
Divorce may involve division of assets, debts, child custody, and spousal support.
Unlike annulment, no specific legal defect is required—only proof that the marriage is irretrievably broken.
In Texas, a divorce can be either fault-based (e.g., adultery, cruelty) or no-fault (based on irreconcilable differences).

Legal Grounds for Divorce in Texas

In Texas, there are two legal grounds a spouse can file for divorce. These grounds are based on either no-fault or fault-based. The Texas Family Code outlines the legal reasons a court may grant a divorce.

1. No-Fault Divorce
A no-fault divorce means that neither spouse has to prove wrongdoing to end the marriage. Instead, one spouse simply needs to show that the marriage is no longer working.

Ground for No-Fault Divorce is Insupportability.
This is often the simplest, quickest way and the most common ground to get a divorce in Texas. This simply means the marriage has become unsupportable due to conflict or discord, with no reasonable chance of reconciliation and does not require proving fault.

2. Fault-Based Divorce
A fault-based divorce means that one spouse is blaming the other for the failure of the marriage. Proving fault can impact property division, spousal support, and child custody decisions.

Grounds for Fault-Based Divorce

Adultery– If one spouse cheats, the other can file for divorce on the grounds of adultery and provide pieces of evidence to prove it.

Cruelty– If one spouse is guilty of cruel treatment. This can include emotional, verbal, or physical abuse. The court may grant a divorce based on
Abandonment– If a spouse leaves voluntarily, the other spouse may file for divorce based on abandonment.
Conviction of a Felony– If a spouse has been convicted of a felony and sentenced to at least one year in prison, the other spouse can seek a divorce. However, if the convicted spouse was pardoned, this ground may not apply.
Living Apart– If the spouses have lived separately without cohabitation for at least three years, the court may grant a divorce on these grounds.
Confinement in a Mental Institution– If a spouse has been confined to a mental institution for at least three years and has little or no hope of recovery, the other spouse may file for divorce.

Fault-based divorces can lead to more favorable outcomes for the spouse who was wronged, but they require proof and can be more complicated and stressful. No-fault divorces are simpler and more common for couples who want to avoid a lengthy court battle.

Which Grounds Should You Use?

Choosing between annulment and divorce depends on your specific circumstances. If you meet the grounds for annulment and want the marriage to be legally erased, annulment could be the right choice. On the other hand, if you want to end a valid marriage and deal with the division of property and custody matters, divorce is the more appropriate route.

It’s important to understand that annulments are harder to obtain because the grounds are limited. In contrast, divorce is available to anyone who wishes to end their marriage, regardless of the reason. If you want a quick, uncontested divorce, no-fault (insupportability) is the easiest option.

Texas courts consider fault when dividing assets, awarding spousal support, and deciding child custody. If you believe your spouse’s actions justify a fault-based divorce, consulting a family law attorney can help you determine the best approach.

Key Differences Between Annulment and Divorce

There are distinct legal differences between divorce and annulment, and it is essential to understand these differences before applying for either. If you had a valid marriage, you will be ineligible for annulment, as it must be based on certain circumstances.
The main difference between annulment and divorce is that an annulment treats the marriage as though it never existed, while a divorce ends a valid marriage. Some other key differences include:

Children
Both annulments and divorces involve decisions about child custody and support. The court ensures the child’s best interests are prioritized in both cases, but annulments might complicate parental rights since the marriage is considered void.

Property Division
When both spouses seek a divorce, there are laws surrounding the division of marital property. In Texas, property gained during the marriage is community property. This property is divided fairly and justly between both parties when a Judge grants a divorce.

However, with annulment, there is no divorce decree, and spouses involved in the marriage do not have legal rights to the shared property. There is no obligation for a Judge to divide property after the annulment. So, if your spouse purchased a family home and you seek annulment of the marriage, you are not entitled to a share in the property.

Spousal Support
Spousal support is a payment that can be issued by a court to be made by one spouse to another spouse after a legal separation or a divorce. If you meet the legal requirements for spousal support, you can claim to recover it from your spouse after a divorce or separation. However, spouses do not have the same ability to claim spousal support after an annulment because the marriage becomes void.

Legal Status
An annulment makes the marriage void, meaning it legally never happened. Divorce, on the other hand, ends a valid marriage, acknowledging it was real but is now over.

Eligibility
Annulments are only granted in specific situations, like fraud, bigamy, or if one spouse was underage. Divorce can be filed by anyone in a valid marriage, either on no-fault grounds or by blaming one spouse for issues like adultery or abuse.

Final Thoughts
Determining whether to pursue an annulment vs divorce in Texas depends on various legal factors and individual circumstances. A clear understanding of the differences between these two options is crucial for making informed decisions about ending a marriage. Choosing between an annulment and divorce in Texas can be confusing, but knowing the differences can help you make the right decision. Whether you need to end a valid marriage or annul a marriage that shouldn’t have happened, it’s important to have professional support and a trusted legal advisor. An experienced lawyer can guide you through the legal requirements, help you understand the consequences, and represent your interests in court.

At Mokolo Law Firm, we understand that going through a divorce or legal dissolution of your marriage is difficult. Our law firm will assign a professional, well-experienced family law attorney to you, who will take the time to understand your unique case and build a legal strategy that works for you. We are here to use our significant experience and competencies to help you in any way we can. We offer a unique brand of legal representation, which focuses on protecting your future after an annulment or a divorce and ensuring you have the tools to start a new chapter of your life.