Just about everyone reading this blog post is familiar with a divorce case. A divorce is the most frequently filed family law case in Texas. It involves ending a marriage between two people. Many fewer people are familiar with an annulment. An annulment is a process whereby your marriage can be erased from court records. If granted, it would be as if the marriage never happened in the first place.
However appealing an annulment may sound, there are details for which you need to be aware. In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss the annulment process. Specifically, our attorneys will help you learn more about the enrollment process in terms of a timeline. If you believe that an annulment may be appropriate in your situation, then today’s blog post is for you.
Differences between a divorce an annulment
Ending a marriage can be achieved through a divorce. The major difference between an annulment and a divorce is what the two family law cases seek to achieve. A divorce ends a legal marriage. In the official records of the case, your marriage would have a start and end date. Each day after the divorce is granted you are a single adult. However, the marriage is not completely wiped away.
Contrast this with an annulment. An annulment completely erases your marriage off the books. Filing for an annulment means that you believe the marriage never should have been granted in the first place. Or, that you came to understand a fact that would render the marriage void or invalid. In that case, filing for an annulment means that there’s the potential to completely wipe the slate clean as far as the marriage is concerned. A granted annulment means that the marriage is completely removed from the legal history of you and your spouse.
Who can grant an annulment?
A family court judge in your county of residence would be the person who hears arguments for your annulment. When filing for an annulment you would first need to submit a petition to that family court. A petition is a document wherein you can request relief regarding a specific legal situation. When it comes to an annulment, you would point out the relevant factors to the court and then ask for a hearing. In that hearing, you would be able to submit evidence to show why your annulment should be granted.
What is the first document filed in an annulment case?
The very first document to be filed in an annulment case is a petition for annulment. This is a very simple document. It does not have to be lengthy, and you do not need to be detailed about the evidence you will use to support your petition. Rather, all the petition seeks to do is introduce you and your spouse to the court period from there, a hearing would be provided to you on a specific date. It is in this hearing that you would submit legal arguments and evidence to the court as to why the enrollment needs to be granted.
How to notify your spouse of the annulment petition
However, you cannot attend an annulment hearing unless you first notify your spouse of the petition having been filed. This is done by serving your spouse a copy of your petition and a notice of hearing. A private process server or law enforcement officer can be hired to pick up the documents and personally serve them upon your spouse. You would give the process server specific information about where to locate your spouse. This process can take anywhere from a few days to a few weeks. It all depends upon how successful the process server is in locating and serving your spouse.
Why could your annulment petition be granted?
Voluntarily entering a marriage is a key part of its validity. We know that in a typical marriage scenario, one person asks the other to marry him. From there, the two spouses are to be in this way there is mutual understanding and coordination to begin the marriage. When there’s no agreement on these subjects problems arise. Such that, the marriage may be ended via an annulment. When you are forced into a marriage that may turn out to be a factor under which an annulment may be granted.
Be careful how you behave when under the influence of alcohol
On a night out, it is not uncommon to find yourself enjoying a few adult beverages. At the end of a hard work week, many people look to an evening with friends as a great way to unwind. Certainly, many positives can come out of a fun-filled night with friends or coworkers. However, sometimes an evening of fun can lead to a lifetime of regret. An example of this type of situation would be if you decided to get married while under the influence of alcohol.
Of course, you believe it to be unrealistic for you to remain married to a person that you met while intoxicated. If the minister of the marriage had performed a breathalyzer test, he would have certainly been too intoxicated to drive. That you were able to legally assent to marriage vows is another story altogether. Now that you are dealing with the consequences of your actions it is time to devise a plan. What can you do to create an exit strategy for the marriage? Would you be able to do anything to make it so that the marriage never happened in the first place?
That is where an annulment comes into play. Entering a marriage while intoxicated is a reason why you couldn’t know the relationship. Contact the Law Office of Bryan Fagan to learn more about how you can pursue an annulment. Our attorneys have all walked alongside people in your position before. We understand that having empathy and a keen eye for detail is crucial in an annulment case. Allow our attorneys to work for you and to further your interests. Do not let a bad decision define your life moving forward.
Can your annulment be faster than a divorce?
When it comes to the timeline of an annulment, all things being equal, this case can prove to be faster than a divorce. For one, there is a 60-day waiting. In a divorce. This means from the date on which you file the divorce case until the date on which the divorce can be granted 60 days must have elapsed. There are rare circumstances where the 60-day waiting period in the divorce can be waived. Otherwise, expect that your divorce will take at least two months, at least.
On the other hand, an annulment can proceed faster. There is no 60-day waiting. For the annulment to be granted. Collecting evidence and securing a court date are the two main steps of the annulment. That is, once you can successfully serve your spouse with notice of the innominate petition having been filed. If you know where your spouse is and can serve him quickly then you can get to court in short order. On the other hand, if you are having problems serving your spouse with notice of the annulment petition having been filed then your annulment can take longer to complete.
This is one of the main reasons why hiring an experienced family law attorney for your annulment is important. Some people enter an annulment with the wrong idea. That is, that you are simply able to hand your spouse your annulment petition and proceed from there. Rather, you must serve him personally with notice of the annulment. This can take time. Being able to locate and pay for a process server or law enforcement official to do so is necessary. An experienced family law attorney with the Law Office of Bryan Fagan can help you get your case off the ground.
Getting ready for an annulment
The nature of an annulment is that you likely do not have much time to prepare for the case. In a divorce, some spouses will have planted divorce for months or even years. Then, once it becomes time to file the divorce much of the preparation and legwork will already have been accomplished. Compare this to an annulment where you likely will have little time between thinking about the annulment and then planning to file. Most annulled marriages are relatively short. This place is an added emphasis on efficiently getting ready for the case.
Insufficient evidence to prove that your marriage can be annulled is an important part of this process. Working with an experienced family law attorney can be the best way to prepare. We know the evidence necessary to prove various annulment grounds. Instead of trying to guess at what you need to prove in your annulment why not contact an experienced family law attorney? This can help you proceed more efficiently through the planning stages of your enrollment period from there, we do not waste time. Our attorneys will help you to serve your spouse with notice of the annulment and proceed to court.
Living situations during an annulment
So far in today’s blog post, we have walked through several circumstances under which an annulment may be granted. Suppose that your spouse has lied or otherwise coerced you into getting married. When you find out about the untruths told to you you immediately file for an annulment. However, you are not able to live with your spouse any longer once you file for an annulment. It is a good idea to move out of the marital residence after you begin the annulment process. Oftentimes living with your spouse after you find out about the condition that renders your marriage void can put you in a position where an annulment cannot be achieved.
Contested annulment cases
Many people know that Texas is a no-fault divorce state. This means that in Texas you can get divorced for any reason under the sun. As a result, it does not take two people to agree that the annulment is necessary. That does happen in some annulments but does not have to be the case in your annulment. Once you were able to prove one of the grounds for an annulment has occurred and you are no longer living with your spouse then the annulment can be granted. Proving that ground for the annulment is oftentimes the most challenging part of the case.
Your spouse may contest the annulment in court. He or she may try to argue against your petition with evidence of their own. Again, working with an experienced family law attorney is a tremendous advantage in a situation like this. An agreed annulment where you both want the marriage to be erased is a relatively simple matter. The two of you can work together to prove the grounds necessary for the annulment to be approved. However, the contested annulment means going to court and arguing a case to the judge. An experienced family law attorney with the Law Office of Bryan Fagan can walk side by side with you in the courtroom.
What can a family law attorney help you with specifically in your annulment?
Let’s spend some time walking through the steps of an annulment so that we can explain better what an attorney can help you with. Drafting a petition for an annulment is the first step of the case. Even though a petition is typically a very simple document and still requires that you draft it in a certain format. It is not as if you can type a simple paragraph on a word processor and send that to the court. Rather, the case document must be styled correctly and formatted in a way that the court can accept.
While we’re at it, answering the question of where to file your annulment is another issue that an attorney can help you. Consider the possibility that you and your spouse live in different places. Where do you file the annulment? Do you need to file the case in the county where you got married? What about in the county where the two of you reside currently? These questions cut to the issue of jurisdiction period if the court lacks jurisdiction and does not have the authority to issue orders or hear arguments. Making sure that your annulment is filed in the correct venue is part of what your attorney would help you with.
Preparing arguments in a contested annulment
Making legal arguments and proceeding to a hearing is also where an attorney can help you. Consider the possibility that your spouse will contest the annulment. Rather than go into court without an idea of how an annulment hearing works you should be guided by someone who has been there before. Imagine trying to climb a tall mountain without any help. That does not sound like something any of us would succeed in. Rather, having an experienced family law attorney means finding assistance from someone who has helped others in your position previously.
Determining whether yours is a void marriage
Not all people in Texas can get married. Some requirements and conditions must be present as far as who your spouse is before you can legally marry. A voidable marriage is one where you and your spouse lack a condition or have a condition present that negates the elements of a marriage. When you file a suit to declare your marriage void you are asking the court to void your marriage. Some of the conditions that can void a marriage are already being married when you go through a new marriage ceremony, not being old enough to marry, or being related to your spouse.
If found to be void, it would be as if your marriage never took place in the first place. There can be no agreement between you and your spouse to overlook the issues in place. Rather, if your marriage is void then that is that. You cannot go back and try to change the voidable marriage conditions. It would not be possible, for example, to go back and divorce your first spouse so that your second marriage can be valid. Once a marriage is void it is always void no matter what steps are taken subsequent.
Distinguishing the difference between an avoidable marriage and an annulment is complicated. However, being able to determine which case is correct for you and your situation is what family law attorneys do every day. The attorneys with the Law Office of Bryan Fagan know how to walk with people in your situation we know what it is like to be stressed in full of anxiety about a situation that you did not necessarily ask for. Talk to one of our attorneys about how we can walk with you during this time in your life.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
