Generally, there are only two ways to end a marriage in Texas: divorce or the unfortunate loss of a spouse. However, another way to end a marriage in Texas is through an annulment. These dissolutions end a marriage that shouldn’t have been valid in the first place. An annulment allows you to turn back time to the moment in which you said “I do” to say “I don’t”. On the other hand, a divorce doesn’t void your marriage but terminates it, meaning that there will be a record of your marriage and a division of community property, issues concerning your children (if you have any), and debts that will still need to be dealt with.
An annulment is where a judge states that a marriage is invalid due to reasons that existed at the start of the marriage. If granted, the marriage is found to be invalid from existence. However, an annulment may have lasting effects on the spouses in areas such as property and children.
Spouses are treated as though they were never married. Once an annulment is complete, your legal status on forms will be “single” rather than “divorced”.
A second difference is that most states now allow a simple, no-fault divorce, which allows a couple to dissolve their marriage without having to prove that one of the parties engaged in misconduct. However, if you are pursuing an annulment, you must prove that there was a legal impediment to your marriage, which prevented it from being valid. Contrary to popular belief, annulments are rarely granted, because most people do not meet the requirements for an annulment.
One of the following requirements must be met to obtain an annulment as opposed to a divorce.
In addition, in order to file an annulment in Texas, either:
Annulments are not very common because of the stringent requirements. If you think you might qualify for annulment contact an experienced family lawyer today to discuss your case.
It is possible to get a marriage annulled but you have to act quickly upon learning of the reason you are requesting an annulment.
For example:
It is important to note that if you continued to live with your spouse after knowing their offensive conduct, you are not eligible to file for an annulment. If someone doesn’t qualify for an annulment, they will likely qualify for a divorce or a suit to declare the marriage void.
At the time that the judge signs the decree of annulment in Texas, the marriage is declared invalid. If one would like to say that they were never married, legally they would be correct. However, the judge will decide issues regarding, property division, spousal maintenance, and a name change in the annulment process in court.
Deciding to go your separate ways with someone is always hard. However, if you are considering getting a divorce or annulment, it is important to speak to one of our family law attorneys. Here at The Carlson Law Firm, we have skilled and compassionate attorneys that can help you tackle this difficult decision. Contact us today to schedule a free consultation and discuss your legal options. We care, we can help.
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