Both divorce and annulment have the same effect, and that is to dissolve a marriage. Yet, we at the Warner Law Firm always tell our clients in the Amarillo, TX area that there are still distinct differences that need to be remembered.
Technically, if you’re filing for annulment, the previous marriage is treated like it never existed. There are rare exceptions wherein a court treats marriage as ‘invalid’ and can be annulled. Otherwise, for valid marriages, spouses need to seek out a regular divorce.
Divorce vs Annulment in Texas
It is crucial to know that Texas is a no-fault divorce state. Both parties can file for divorce if both consider that their marriage is beyond repair.
Annulment is a legal proceeding that erases an invalid marriage. This means that the marriage should not have taken place at all. As a result, it cancels the marriage altogether. After the entire process couples can acknowledge that they are never legally married. Some prefer annulment over divorce because of the negative stigma that comes with the latter.
Either marriage is canceled through annulment or divorce. Both parties need to contend with the division of property, child support, and custody agreements.
Grounds for Annulment According in Texas
Only marriages who qualify as one of the following reasons may be eligible for annulment. Here are the legal grounds according to the Texas State Law:
- Bigamy
- Underage parties
- Impotence
- Marriage less than 30 days from the exact date of a previous divorce
- Marriage less than 72 hours after receiving your previous license
- Fraud
- Forced marriages
- Incestuous marriages
- Marriage to the other party who is mentally ill, or emotionally distressed
- Marriages when either party is intoxicated thus unable to give consent
Going through the process of either annulment or divorce can be challenging. At this point, you need to carefully weigh your options. Mike Warner of the Warner Law firm can provide legal help to ensure that clients get the right support they need in this incredibly difficult time. Call us today for a free consultation so you can learn more about your options.
