What Is the Difference Between Divorce and Annulment in Texas?

 Posted on November 13, 2024 in Divorce

When a married couple in Texas wants to break up, there are two options they can consider: divorce or annulment. Both processes result in the marriage being legally terminated. Divorce is the legal process of ending a valid marriage while annulment declares the marriage invalid, and voids it. If you are ready to end your marriage and unsure which process suits your situation, an experienced Austin, TX family law attorney can advise you.

What Are Acceptable Grounds for a Texas Divorce?

In Texas, you can file for either fault-based divorce or no-fault divorce. If you choose to file for a no-fault divorce, the only acceptable grounds are that the couple has irreconcilable differences, and there is no need to specify how exactly the marriage has irreparably broken down. Fault-based divorces can be granted when one spouse is guilty of actions like adultery, cruelty, or abandonment.

What Are Acceptable Grounds for a Texas Annulment?

In Texas, annulments are allowed for specific reasons. Some examples include:

• Fraud, force, or duress can be claimed if one spouse was tricked or coerced into the marriage.

• Underage marriage: The legal minimum age in Texas for getting married is 18. People who are between 16 and 18 can get married with parental consent. If either spouse was younger than 18 without parental consent, or younger than 16, this would be a valid reason for an annulment.

• Bigamy: If one spouse was already married to someone else at the time of the marriage, the second marriage can be annulled.

• Mental incapacity: marriage can be annulled if one spouse lacked the mental ability to consent to the marriage.

• Impotence: If one spouse is unable to engage in sexual intercourse and the other spouse was unaware of this issue before entering the marriage, this is considered grounds for annulment.

What Does the Process of Getting a Divorce Involve?

When a couple wants to get a divorce, they need to file a petition with the court, serve the other spouse with divorce papers, and go through negotiations or hearings that deal with issues like child custody, alimony, and the division of assets. 

Some divorces are considered high-conflict or involve the division of unusually valuable assets. Some divorces are uncontested and the spouses manage to draft a settlement quickly and smoothly. Depending on the specific case, it can take a few months to over a year to finalize a divorce.

What Does the Process of Getting an Annulment Involve?

Similar to divorce, the process for annulment begins with filing a petition. However, the grounds for annulment are much more specific than for divorce. More proof is needed for a marriage to be considered for annulment, and this requires more legal work. 

An annulment can take the same amount of time as a divorce, depending on how complicated the case is. If it is a straightforward situation, it can take a few months to finalize an annulment. If the grounds for annulment are contested, it can take longer.

Contact a Travis County, TX Divorce and Annulment Lawyer

If you want to end your marriage and are not sure whether divorce or annulment is the right avenue to pursue, speak with a qualified Austin, TX family law attorney to find out. At Powers Kerr & Rashidi, PLLC, our priority is to help you protect your rights and get a favorable outcome. Call us at 512-610-6199 to schedule a private consultation.