When two people decide that their marriage is not going to work, they often get a divorce. However, one of the biggest questions we receive is if an annulment is possible. This is particularly asked when the marriage is of short duration. Here is a brief overview of the difference between an annulment and divorce.
What is a Divorce?
A divorce is when two people wish to end their marriage and split their assets and debts. Texas has both a no-fault and a fault divorce. Whichever is filed would have a direct impact on the proceedings. During a divorce, you are married until the judge approves your divorce. Afterwards, you are an unmarried person again.
What is an Annulment?
An annulment is a request to the court to make your marriage invalid. This would be treating your marriage like it never happened in the first place. There are very narrow circumstances in which the court will approve an annulment. These include: if one party was underage, party was under the influence of alcohol or narcotics, one party concealed a divorce (within 30 days), if the marriage took place less than 72 hours after the marriage license was issued, impotency, fraud, duress, mental incapacity, or bigamy.
Speak to an Attorney
The difference between an annulment and divorce is how your marriage is viewed after proceedings. An attorney will fully be able to explain the consequences of divorce and annulment in your particular situation. It is always best to speak to an experienced family law attorney if you think you may qualify for an annulment. Many of the requirements are time-sensitive so it is crucial you schedule a consultation as soon as possible.
If you have questions about the difference between an annulment and divorce, contact the attorneys at Lucé Evans Law online or call us at (972) 632-1300 to schedule a consultation with one of our experienced family law attorneys.