I periodically get questions regarding annulments and
divorces. I believe it is worth writing about some of the differences between the
two. In Texas there are two different ways to legally end a marriage.
Those methods include an annulment and
What is a Divorce?
divorce ends a valid marriage. It is the legal procedure that returns both parties
to single status with the ability to remarry.
What is an annulment in Texas?
An annulment is a procedure under the law that cancels a marriage. When
a marriage is annulled it is as though it is completely erased. Technically
it declares that the marriage never existed and was never valid. Or under
Texas Law it would mean you were never married in the first place.
Legal Reasons for an Annulment
In some ways annulments are harder to get than a divorce. This is because
with an annulment, there are required statutory grounds that must be met, such as:
- Marriage Under the Age of 14;
- Marriage Under the Age of 18;
- Under Influence of Alcohol or Drugs;
- Fraud & Duress;
- Mental Incapacity;
- Concealment—one of the spouses hid something significant from the other;
Reasons you may want to consider an annulment?
The reasons for an annulment will be different for each case. For some
people the reason is religious. In that they do not believe in
Property Division and Spousal Support
An annulment does not provide for the division of property or
spousal maintenance. An annulment just turns back time so that the act of marriage never happened.
divorce in Texas with an annulment there is not a statutory waiting period. With
divorce in Texas there is a statutory waiting period. This does not mean you will be able
to get a quick annulment it just does means there is no required length
of time you have to wait before you can get an annulment.
Is an annulment in Texas the same as a religious annulment?
No. While Texas law has its grounds for obtaining an annulment, the grounds
for obtaining a religious annulment may not be the same. If you get an
annulment under Texas law and want an annulment through your religious
organization, you will have to follow their procedures and have to meet
their grounds for an annulment.
Both an annulment under Texas Law and a religious annulment have essentially
the same effect--the marriage is treated as though it never existed.
Children in either a Divorce or an Annulment
If children have been born as a result the relationship between you and
your spouse then the party seeking a divorce or annulment will also have
to bring a “Suit Affecting the Parent-Child Relationship,” or
SAPCR is required in both a
divorce or an annulment involving children of the marriage relationship. The
SAPCR determines the parties’ rights and duties regarding the children.
Resources and Other Articles
10 Facts You Never Knew About Texas Annulment
Every state has their own rules regarding annulments for people looking
for information regarding how Florida handles cases dealing with annulment
you may want to check out attorney Stephanie G. Morrow’s blog article“Do You Qualify for an Anullment?”
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Dos and Don'ts Regarding Electronic Communications in a Texas Divorce
- Can I Sue My Ex for Hacking My Computer in My Texas Divorce?
- Cell Phones, Mail, Computers, Spying on your Spouse, and Privacy Rights
in a Spring, Texas Divorce
- Do I Need to Change My Passwords for a Divorce in Texas?
- Legalities of spying on a child’s cell phone in Texas
- How Social Media Can Hurt You in Divorce
- Why do divorces cost so much in Texas?
- How Can I Get My Spouse to Pay My Attorney's Fees in a Texas Divorce?
- How Much Will My Texas Divorce Cost?
- Can I sue my spouse's mistress in Texas?
Law Office of Bryan Fagan | Spring Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and