Frequently Asked Questions Regarding Texas Annulment

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WHAT IS AN ANNULMENT?

Divorce Attorney Houston – In some instances, a person may want and be able to get an annulment rather than a divorce. An annulment and divorce are different. A divorce ends a valid marriage. An annulment would mean you were never married in the first place.

With an annulment, there requires that certain statutory grounds. That means you must qualify for annulment before a judge will grant you an annulment.

IS AN ANNULMENT DIFFERENT FROM A DIVORCE?

Yes. As mentioned above A divorce ends a valid marriage. It is the legal procedure that returns both parties to single status with the ability to remarry.

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.

However, in both an annulment and a divorce, the court can issue orders regarding any children and divide property.

CAN A COURT DIVIDE PROPERTY IN AN ANNULMENT?

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Yes, Under Section 7.002 of the Texas Family Code:

(a) In addition to the division of the estate of the parties required by Section 7.001, in a decree of divorce or annulment the court shall order a division of the following real and personal property, wherever situated, in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage:

(1) property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition; or

(2) property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.

(b) In a decree of divorce or annulment, the court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse:

(1) property that was acquired by the spouse while domiciled in another state and that would have been the spouse’s separate property if the spouse had been domiciled in this state at the time of acquisition; or

(2) property that was acquired by the spouse in exchange for real or personal property and that would have been the spouse’s separate property if the spouse had been domiciled in this state at the time of acquisition.

(c) In a decree of divorce or annulment, the court shall confirm the following as the separate property of a spouse if partitioned or exchanged by written agreement of the spouses:

(1) income and earnings from the spouses’ property, wages, salaries, and other forms of compensation received on or after January 1 of the year in which the suit for dissolution of marriage was filed; or

(2) income and earnings from the spouses’ property, wages, salaries, and other forms of compensation received in another year during which the spouses were married for any part of the year.

WHAT IF THERE ARE CHILDREN INVOLVED IN THE ANNULMENT?

Houston Divorce Lawyer – 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.

A 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.

Under Section Sec. 160.610 of the Texas Family Code a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, possession of or access to a child, child support, divorce, annulment, or probate or administration of an estate or another appropriate proceeding.

DOES AN ANNULMENT HAVE AN EFFECT ON A PRESUMPTION OF PATERNITY?

No.

Under Section 160.204(a)(3) –“ A man is presumed to be the father of a child if he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;”

WHAT IS THE DIFFERENCE BETWEEN AN ANNULMENT AND A SUIT TO DECLARE A MARRIAGE VOID?

Divorce Attorney in Houston – Both an annulment and a suit to declare a marriage void focus on reasons why there is not a valid marriage at the start of the marriage.

However, a void marriage is automatically not a valid marriage from the start whether or not a court states it is not. This differs from an annulment where it is necessary to get the courts permission to declare it an invalid marriage.

In a void marriage, the spouses do not have the option agree to have a legally valid marriage.

I HAVE BEEN MARRIED FOR LESS THAN A YEAR. CAN I ANNUL MY MARRIAGE?

The length of your marriage is not a ground to annul your marriage. Below are grounds for asking the court to annul your marriage.

WHAT ARE THE STATUTORY GROUNDS FOR AN ANNULMENT?

Divorce Attorneys in Houston – Such as:

1. Marriage Under the Age of 18;
2. Under Influence of Alcohol or Drugs;
3. Fraud & Duress;
4. Either spouse is permanently impotent
5. Mental Incapacity.
6. A spouse concealed a prior divorce
7. The spouses were married within 72 hours of the marriage license being issued.

Annulments can be harder to get and just as expensive if not more so then a divorce.

WHAT IF I DON’T QUALIFY FOR AN ANNULMENT? WHAT DO I DO? … Continue Reading