Choosing Your Path: Annulment vs. Divorce in Texas
You may know someone whose marriage was annulled for religious reasons, but did you know that there is a legal proceeding for “civil annulment”? A person in Texas can pursue a civil annulment if the legal grounds are met. Obtaining an annulment rather than a divorce can have financial, social, and tax benefits, especially if you’re involved in a high-net-worth dissolution.
An experienced Fort Worth divorce lawyer can explain the differences between annulment and divorce and advise if you have grounds for annulment in Texas.
Annulment and Divorce: Understanding the Legal Definitions
Although the process of separating from your spouse through divorce can be lengthy and contentious, there’s a reason most separating couples choose this route — it’s often easier than the alternatives. This is especially true of no-fault divorce, which exists in all 50 states.
Several states still offer the option of fault divorce (typically for infidelity, abandonment, or other causes). While this route could result in benefits like a more favorable division of assets, it also requires proof of fault.
Then, there’s annulment. What’s the difference between a divorce and an annulment? Simply, a divorce dissolves a legal union, while an annulment declares a marriage invalid.
As with fault divorce, you will have to prove your case, so it’s worth taking the time to fully understand the potential benefits and drawbacks of seeking annulment vs. divorce in Texas.
Grounds for Annulment vs. Divorce in Texas
One of the main differences between annulment vs. divorce in Texas is the burden of proof required. Either spouse can file for no-fault divorce, citing nothing more than “irreconcilable differences.”
A successful annulment requires legal grounds. According to the Texas Family Code, there are several acceptable grounds for annulment, including:
- Underage marriage (age 16-18)
- One or more parties under the influence of alcohol or drugs at the time of the marriage
- Fraud
- Duress or force
- Mental incapacity
- Impotence
- Concealed divorce within 30 days preceding the marriage
- Marriage within 72 hours of a marriage license being issued
While some grounds are reason enough to seek annulment instead of a divorce, parties may also prefer annulment for religious or financial reasons.
Annulment vs. Divorce: Financial Considerations
Before you decide annulment is your best option, you should consider annulment vs. divorce costs. How much is an annulment in Texas? An uncontested annulment may be in the same financial ballpark as a simple or uncontested divorce, but will still likely cost a bit more due to the additional legal work required.
A contested annulment or one that involves complex finances or child custody may be quite a bit more protracted and costly than a typical divorce. Grounds for annulment can be difficult to prove. If you must hire professional investigators or expert witnesses, costs can quickly add up.
Weighing Pros and Cons: The Case for Annulment
When it comes to the benefit of annulment vs. divorce, there are several factors to consider. If a marriage is invalidated, you may enjoy financial benefits. Because the marriage is voided, there is no community property. This means courts try to return assets (and debts) to their original owners because the marriage never legally occurred. Spousal support is rare. And in cases of fraud, the deceived spouse may even receive restitution.
However, you will face a burden of proof in an annulment case that isn’t a factor with a no-fault divorce which could increase the length and cost of proceedings.
Navigating Legal Processes: Annulment vs. Divorce
One similarity in divorce vs. annulment is that both start by filing a petition with the court. This filing must be done in the jurisdiction where the marriage occurred or where one spouse currently resides.
Your petition must include the legal grounds for annulment, and once it has been filed, you must serve your spouse a notification of annulment proceedings. Your Southlake divorce attorney can help you prepare your case, gather evidence, and provide legal support and representation at hearings.
Find Clarity in Annulment and Divorce With MBH
Deciding to pursue annulment versus divorce is a personal choice that can have significant ramifications for your future. The experienced and understanding team at Mims Ballew Hollingsworth (MBH) can help you navigate through the process of ending your marriage in the manner that is right for you.
If you’re considering divorce or annulment, contact us to schedule a consultation and discuss your legal options.
Fort Worth, TX Divorce & Family Lawyers
Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.
FAQs
A legal annulment is a court ruling that a marriage was never valid under the law, essentially erasing it as if it never happened. A religious annulment is a declaration by a religious institution that a marriage was not valid (according to its laws) and does not have the same legal standing as a civil annulment.
No, a marriage that ends in a legal decree of divorce cannot later be annulled.
An uncontested case with clear annulment grounds, such as underage marriage, is relatively low cost. Generally speaking, divorce is less expensive than annulment due to the higher burden of proof.
