The concepts of divorce and annulment are often confused even though they are fundamentally different. Both annulment and divorce seek to dissolve the marriage. An annulment in Texas, on the other hand, proves that the marriage was illegal from the start. In contrast, a divorce in Texas ends a valid marriage.
What Qualifies for an Annulment in Texas?
The definition of marriage annulment emphasizes that the marriage was void in the first place. As a result, once the annulment is granted in court, the individuals are no longer considered married.
How to Get an Annulment in Texas
There are some ground rules a person petitioning for annulment should take into consideration:
- One of the spouses must have been living in Texas for at least six months OR
- You should have been married in Texas.
- It’s necessary to file in the county where one of the spouses resides.
The steps of getting an annulment are the following:
- After a petitioner files for an annulment with the court, the respondent will be notified with a court summons.
- Afterward, a petitioner should appear in court and present evidence in front of the judge or jury.
- If the grounds for the annulment are sufficient, the marriage will be considered as such that never happened.
A consultation with a lawyer can help you find answers to questions like “Does an annulment require both signatures?” or “How much does an annulment cost in Texas?” This is important because it all might depend on your personal case.
Meanwhile, our company can assist you with preparing uncontested divorce papers in Texas if you’re looking for a simple no-fault marriage dissolution option. If you require Texas law help with divorce that is contested or fault-based, it is best to get a professional attorney.
Grounds for Annulment vs Divorce in Texas
The key distinction between annulment and divorce is the reason for the marriage’s dissolution. Only the circumstances listed in the Texas Family Code are considered valid grounds for annulment. The list below provides detailed information on the grounds for annulment in Texas:
- One of the spouses was not eighteen years old at the moment of marriage and didn’t have permission from a parent or a guardian.
- The marriage was conducted between close relatives. This category may include siblings, a parent and a child, and nieces and nephews whether adopted or not.
- One of the spouses concealed the fact of being married to another person. Alternatively, they had obtained a divorce less than 30 days before the new marriage took place.
- One of the spouses suffers from mental incapacity or was under the influence of alcohol or drugs at the moment of marriage. This could limit their capacity to consent to the marriage.
- One of the spouses suffers from permanent impotency, and the other spouse was unaware of this fact before the marriage.
- The marriage ceremony took place less than 72 hours after the marriage license was issued. This violates the Texas waiting period for marriage.
- The fraud, duress, or force led to the marriage. It may include the situation when one of the spouses was misled, and the intentions to get married were not sincere. For example, when the true reason of marriage was not love but a desire of solving an immigration issue.
It is critical to remember that marriage cannot be annulled if the couple continues living together after the ground for the annulment has been revealed.
Fault or No-Fault
Unlike annulment, grounds for divorce in Texas can be fault- or no-fault-based. The most common reasons for a no-fault divorce are insupportability and living apart for more than three years. Furthermore, a case when one of the spouses has been confined in a psychiatric hospital, and the recovery is unlikely to happen, is another reason.
The list of the grounds for a fault divorce in Texas includes:
- Cruelty. The reason for filing for a divorce is that one spouse’s cruel behavior makes a future living together impossible. It can refer to both the physical and mental suffering.
- Adultery. When one of the partners has committed an affair, it is important to have proof of adultery for the court. Mere suggestions might not be acceptable.
- Abandonment. One of the spouses has voluntarily left the partner with no intention to return. The period sufficient for filing for a divorce is one year of living apart.
- Conviction of a felony. If one of the spouses is imprisoned for more than one year and has not been pardoned, then the other spouse is entitled to file for a divorce.
Timing of Annulment vs. Divorce
In general, getting a marriage annulment in Texas is faster than getting a divorce. The former takes a few months from the time you file with the court. In comparison, divorce requires at least a 60-day waiting period. It can take years if the parties cannot reach an agreement.
How Long Do You Have to Annul a Marriage?
In general, annulment should be filed as soon as the ground for it has been discovered and people stop living together. In some cases, annulment time frame in Texas is stricter:
If one of the spouses was underage at the moment of marriage, then an annulment should be filed before that person turns 18.
If one of the spouses was divorced less than 30 days before a new marriage, then the waiting period for annulment in Texas is before the first anniversary of a new marriage.
How Long Does Divorce Take in Texas?
The minimum Texas divorce waiting period is 60 days from the moment the petition is filed with the court. However, even when the coupe has reached an agreement in terms of finances and custody, the waiting period may be prolonged due to court delays. In case of a contested divorce, it may take several months or even years to make a marriage dissolution final.
Related The Most Common Reasons for Divorce in Texas and Property Rights for Unmarried Couples
Outcomes of Annulment and Divorce
Whatever solution is chosen, both annulment and divorce will end a marriage. Unlike divorce, an annulment allows a person to legally claim that he or she was never married before. The timing and cost of annulment or divorce will be determined by the factors listed above.
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