Two choices exist for legally ending a marriage or a domestic partnership: divorce and annulment. Although the two share similarities, some big differences exist. If you are going through a divorce or are considering divorce, here’s what you need to know about the divorce and annulment process.
The legal differences between divorce and annulment
Divorce ends a legally valid marriage declaring each spouse single again, while an annulment is a legal ruling declaring a marriage to be invalid. An annulment does not mean the marriage never happened; it means it was never considered legally valid.
Timing counts
A common assumption surrounding annulments is that it’s tied to a short duration of time; however, a brief period of time does not constitute grounds for an annulment. The marriage would have to meet the legal conditions of an annulment for it to be considered okay to proceed through the process. An annulment can be filed in the county where the marriage occurred or where the couple lived when the marriage took place.
With that said, a marriage that has extended over a long period of time might not be considered for an annulment. That’s mainly because many states will not grant annulments for marriages that have lasted a long length of time.
Annulments can be filed after a marriage, but some states require couples to be married for a minimum period of time, or for them to live together for a certain length of time before they can file. For example, in Texas, it’s required for at least one of the spouses to live in the state, or the spouses would have to have been married in Texas before proceeding to file.
Grounds for annulment in Texas
Texas, like other states, have specific requirements that need to be met before filing for an annulment. Grounds for annulment include situations where a spouse of the marriage was under the age of 18; if a spouse was under the influence of alcohol or drugs, if a spouse was coerced to marry due to fraud, duress, or by force; if either spouse is permanently impotent, if a spouse is found to lack the mental understanding to enter into the marriage; if a spouse concealed a prior divorce after entering into the marriage, and if the spouses were married before the 72 hour waiting period of the marriage license being issued.
After a divorce
After a divorce, the spouses will find they still have certain obligations to each other like spousal support and the division of shared property. In most cases, spouses can be entitled to spousal support for a certain amount of time, as well as alimony, and a portion of property shared or profits gained during the marriage.
After an annulment
When an annulment is granted, the marriage is considered legally to not have happened. That’s usually all that happens legally and the couple can then part ways with no other obligations to one another. They can also return to the same financial state they were in prior to marriage.
Even after an annulment, children are still entitled to the support of their parents. That is because children are seen as “legitimate.” What does vary from state-to-state is how the assumption of parentage is determined, and custody and support requirements.
In many cases related to religion, the annulment process can be permitted by a religious clergy or by a set of written guidelines. If an annulment is obtained by a religious leader, that process is completely separate from the legal process. How divorce or annulment is addressed in your religion often determines whether one, both, or neither of the couples can get re-married within the religion, participate in religious ceremony, or in other religious rituals.
Looking for an annulment or divorce?
Divorces and annulments are often complicated, messy, and stressful situations. If you live in Texas and find yourself considering the dissolution of your marriage or partnership, consult an experienced attorney that specializes in family law. Get help today.
