At our firm, we practice an array of areas of law; including but not limited to probate, estate planning, civil and business litigation, as well as personal injury. Our attorneys also specialize in family law, as our Arlington TX divorce lawyer who has been rated by Super Lawyers can share. Family law is a very broad term because it deals with many types of cases: divorce, custody, adoption, domestic violence, prenuptial agreements, and foster care. A common question asked is what is the difference between getting an annulment and getting a divorce? In this article, we will identify the two and compare them.
What Is An Annulment?
An annulment is legally recognizing that a marriage never existed. An annulment can wipe the record of the marriage completely. Annulments are used in many situations but they are very specific and must meet a number of requirements. If the marriage is a result of fraud, from incest, unlicensed, or not consented to by both parties, is is often that the parties opt for an annulment instead of a divorce. To meet the requirements for an annulment in Texas, one of the parties needs to prove a concealed divorce, impotence, fraud, duress, force, mental incapacity, or short marriage. In other words, if one of the parties hid the fact that they had a previous marriage, forced the marriage, or was in a state of mental incapacity during the time the marriage took place, the requirements for annulment are met. When you file a claim, you must provide strong evidence to support it. Annulments are more difficult than divorces because annulments completely wipe the record of the marriage even happening.
What Is A Divorce?
By definition, a divorce is a legal separation of a marriage that divides the couple’s assets and responsibilities. Unlike an annulment, a divorce does not require you to prove anything besides that you do not love the other party anymore and/or cannot live with them any longer. In Texas, a divorce does not require blame or fault. There does not need to be a uniform reason for the divorce. As long as one party wants it and is on board, the divorce is likely to go through. Generally, who files the divorce first doesn’t matter, but in some situations it can provide the upper hand. In a divorce, the possessions or assets owned by both parties are divided and who gets what is decided by either an agreement from both parties, or by the court. If children are involved, there might be custody issues and/or child support decisions to be made. A divorce, unlike an annulment, will show up on the legal record of both parties.
The dissolution of any marriage can be a difficult and treacherous process. Before filing for an annulment or divorce, make sure to do your research and consult a family law attorney, like the ones at Brandy Austin Law Firm. A consultation with our family law attorney that has received a 10.0 rating from Avvo can help you decide which of the options would be best for you and your family.
