Ending a marriage is never easy and there are two main options you can choose: annulment and divorce. The question may come in mind, “What is the difference between annulment and divorce?”
This guide will help you understand the difference between annulment and divorce so you’re better prepared for your consultation with a Woodlands divorce attorney.
What is an Annulment?
An annulment in Texas is a court ordered decree that a marriage never existed. An annulled marriage is treated as if it never existed under the law, affecting legal records and spousal rights. A legal annulment is done by a court and requires specific legal grounds. This is different from a divorce which ends a valid marriage.
Grounds for annulment in Texas are fraud, duress, incapacity, bigamy, incest and non-consummation. Each ground must be proven to show the marriage was invalid from the start. Annulments have strict criteria so they are less common than divorces.
What is a Divorce?
A divorce in Texas ends a valid marriage and addresses the division of assets, debts and responsibilities between the parties. A divorce ends a legally valid marriage while an annulment says the marriage was never legal in the first place.
Common grounds for divorce in Texas are insupportability (no-fault), cruelty, adultery, conviction of a felony, abandonment, living apart and confinement in a mental hospital. Divorce can be on no-fault or fault grounds so couples have options to end their marriage. The process involves legal procedures to address financial obligations, property division and child custody.
Types of Annulments
Void Marriages
A void marriage is invalid by law in Texas. Common grounds for a void marriage are bigamy and incest. A marriage is void if one party is already married to someone else or if the spouses are closely related by blood. These marriages are null from the start and don’t require a court proceeding to be declared invalid but obtaining a legal decree can clarify the status for all parties involved.
An annulment declares a marriage null as if it never existed under the law, whereas a divorce ends a legally valid marriage.
Voidable Marriages
A voidable marriage is valid at first but can be declared invalid by annulment. The legal process for annulling a voidable marriage involves proving specific grounds in court. Grounds for voidable marriages are fraud, duress, incapacity, underage marriage and non-consummation. Unlike void marriages, voidable marriages require one party to take legal action to have the marriage annulled. Proof must be provided to show the marriage should be nullified based on one of the grounds.
Types of Divorce
No-Fault Divorce
A no-fault divorce in Texas is based on insupportability, meaning the marriage has become insupportable due to discord or conflict of personalities with no reasonable expectation of reconciliation. No-fault divorces don’t require proof of wrongdoing by either party. This type of divorce is usually faster and less contentious as it focuses on the irreparable breakdown of the marriage rather than assigning blame.
Fault-Based Divorce
Fault-based divorces in Texas require proof of specific grounds such as adultery, cruelty, abandonment, conviction of a felony, living apart for at least three years or confinement in a mental hospital. These divorces can be more complicated and contentious as the petitioner must provide evidence of the spouse’s misconduct or other qualifying factors. Fault-based divorces can impact property division, spousal support and custody.
Uncontested Divorce
An uncontested divorce is when both parties agree on all terms of the divorce including asset division, spousal support and child custody. This type of divorce is usually faster and less expensive as it avoids long legal battles. The agreement is submitted to the court for approval making the process smoother and more straightforward.
Contested Divorce
A contested divorce is when the spouses can’t agree on one or more terms of the divorce, which can involve lengthy legal proceedings. This can mean lengthy negotiations, mediation and potentially a trial. Contested divorces are usually more expensive and time consuming as it involves more intense legal proceedings to resolve disputes over assets, support and custody.
Annulment and Divorce Proceedings
Annulment Process
The process of getting an annulment in Texas starts by filing a petition in the proper court. The petitioner must clearly state the grounds for annulment and provide evidence to support the claim. A hearing will be scheduled where both parties can present their case. The burden of proof is on the petitioner who must show the marriage is invalid based on the grounds stated.
If the court finds the evidence sufficient it will issue a decree of annulment and nullify the marriage as if it never existed. This process can be complicated and time consuming due to the strict requirements and need for substantial proof, often involving long legal proceedings.
Divorce Process
Filing for divorce in Texas starts by submitting a petition for divorce in the county where either legally married spouse resides. The petition states the grounds for divorce and may include requests for child custody, support and division of property. The other spouse must be served with the divorce papers and given time to respond.
If both parties agree on the terms the divorce can proceed as uncontested and require minimal court involvement. But if there are disputes the process becomes contested and involves negotiations, mediation and potentially a trial. The court will issue a final decree of divorce addressing all issues including property division, spousal support and child custody. The process takes a minimum of 60 days from the date of filing to the final decree.
Eligibility for Annulment and Divorce in Texas
Annulment
In Texas, annulments require specific grounds: fraud, duress, incapacity, bigamy, incest, or non-consummation. Fraud involves deception, duress involves coercion, incapacity means lack of mental competence, bigamy involves an existing marriage, incest involves close relatives, and non-consummation means no sexual relations. These grounds require substantial proof, making annulments less common and harder to obtain than divorces.
Divorce
Divorce in Texas can be no-fault or fault-based. No-fault divorces are based on insupportability, meaning the marriage is irretrievably broken. Fault-based grounds include adultery, cruelty, abandonment, felony conviction, living apart for three years, and confinement in a mental hospital. The petitioner must reside in Texas for six months and in the county for 90 days, making divorce more accessible than annulment.
Difference Between Annulment and Divorce
1. Legal Status
The first difference between annulment and divorce is legal status. An annulment declares a marriage never existed. It voids the marriage, treats it as if it never happened. A divorce ends a valid marriage, acknowledges the marriage existed but is now dissolved.
2. Legal Grounds and Requirements
The second difference between annulment and divorce is legal grounds and requirements. Annulments in Texas require specific grounds such as fraud, duress, bigamy, incest, non-consummation or incapacity. Those grounds must be proven to get an annulment. Divorces can be on no-fault grounds, insupportability or fault based grounds, adultery or cruelty, more options for dissolution.
3. Financials
The third difference between annulment and divorce is financials. In an annulment the division of property is to put the parties back to their pre-marital status. Spousal support is not awarded. In a divorce assets and debts are divided according to community property laws and spousal support may be awarded based on the circumstances.
4. Children and Child Custody
The fourth difference between annulment and divorce is children and custody. Both annulments and divorces require addressing child custody and support. But in an annulment the legal perspective makes these issues a bit more complicated since the marriage is void. Divorce proceedings have structured processes for custody and support arrangements.
5. Process
The fifth difference between annulment and divorce is process. Annulments are more complicated to get because you have to prove specific grounds. The burden of proof is higher, annulments are less common. Divorces, especially no-fault divorces are more straightforward, established process for dissolving the marriage and related issues.
Contact a Divorce Lawyer in The Woodlands Today!
The differences between annulments and divorces may be a lil hard to understand but it’s important to know them when figuring out what’s best for you and the other party. Having an experienced Woodlands divorce lawyer by your side will make the process easier no matter what path you choose.
Contact us at 281-351-7897 for a free consultation today!
