Ending a marriage isn’t one-size-fits-all. In Texas, you can choose between an annulment or a divorce, depending on your situation. Understanding how these two legal options differ can help you make the best choice for your future.
Annulment ends a marriage that was never valid
An annulment treats the marriage like it didn’t ever happen. Courts only grant annulments under specific circumstances. These may include fraud, force, one party being underage, or someone lacking the mental capacity to consent. You must prove the grounds with clear evidence.
Unlike divorce, an annulment doesn’t assume the marriage was valid. So, you won’t deal with issues like property division or spousal support in the same way. Some rights tied to a valid marriage might not apply.
Divorce ends a legally valid marriage
Divorce recognizes that a legal marriage existed but is now over. Texas allows both no-fault and fault-based divorces. No-fault divorces cite conflict or irreconcilable differences. Fault-based divorces may involve cruelty, abandonment, or adultery.
In divorce cases, the court divides marital property and may award spousal support. If children are involved, custody, support, and visitation become part of the case. Divorce can be more complex, especially if spouses dispute these issues.
Time limits and legal procedures differ
Annulments must happen shortly after the reason for annulment becomes known. For example, if fraud was involved, you need to act once you discover it. Divorce, on the other hand, doesn’t have the same time pressure.
Also, divorce often takes longer due to property and custody decisions. Annulments usually move faster but still require court approval and proper documentation.
The choice between annulment and divorce depends on your marriage and legal goals. Annulment erases a marriage that shouldn’t have happened. Divorce ends a marriage that once was valid but no longer works. Knowing the difference can help you move forward more confidently.
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