What is the Difference Between Annulment and Divorce?
Marriage has remained a fundamental American tradition: unfortunately, so has divorce, and, whether you live in a small city such as Sugar Land, Texas, or a large metropolitan area like Houston, Texas, any divorce lawyer worth their salt will tell you there are just two legal options for ending a marriage.
Of those options, divorce is the most common. While the rate of failed marriages is lower now than a decade ago, nearly 800,000 divorces were filed in 2017, the most recent year for which data is fully available. Still, that figure doesn’t include annulments which differs in significant ways from divorce. It’s important to understand those differences, their ramifications, and any common traits when deciding how to proceed when your marriage becomes untenable.
In a divorce case, the court recognizes that a valid marriage existed, which is now over. On the other hand, for a couple to be eligible to file for an annulment, the court will need to recognize that the marriage was never legally valid.
An annulment may sound like an appealing option. However, it is important to understand whether you are eligible and what the differences are between the two.
At Skillern Firm Divorce & Child Custody Lawyers, we are committed to taking the time to inform our clients so that they can make decisions from a place of clarity. We will answer all your questions and advise you based on your individual circumstances.
Remember, the outcome of issues related to a divorce will have a big impact on your future. It is important to have support from an experienced family law attorney who can guide you through the process while protecting your rights and interests.
Skillern Firm Divorce & Child Custody Lawyers has offices in Houston and Sugar Land and supports people throughout the Greater Houston area. We provide comprehensive family law services, including mediation and litigation. Whatever the circumstances of your case, we are here to help.
Call us to schedule a consultation with an experienced family law attorney at (832) 688-6606
annulment vs. divorce FAQs
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An annulment is usually cheaper than a divorce proceeding. However, this is not sufficient reason to push for an annulment. Annulments are difficult to secure, and if you try and push for one and then need to continue with a divorce, you could end up wasting a lot of time and money.
The best thing you can do is seek the help of a family law attorney who can advise you on whether you have valid grounds for an annulment.
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In 2015, the United States Supreme Court legalized same-sex marriage throughout the country, known as the Obergefell decision. As a result, all states must grant both divorces and annulments to same-sex couples in the same way they would for opposite-sex couples.
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In Texas, it is difficult to secure an annulment. Texas views marriage as a fundamental constitutional right, and the courts uphold the sanctity of marriage. Therefore, declaring that a marriage is void is fundamentally wrong in the majority of cases.
If you lived with your spouse for a period of time or consummated the marriage, then it will be especially difficult to secure an annulment. If you held yourself publicly as being a married couple, then it usually equates to a legal marriage.
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Texas law does not provide for legal separations. However, there are three alternative avenues for living apart whether or not you file for divorce.
1. Temporary Arrangements While Filing for Divorce
The court does not object when couples take up separate residences or reach temporary accords regarding the distribution of assets and spousal support during divorce proceedings. In fact, such agreements can be incorporated into the final divorce settlement if a judge determines they reach the legal definition of fairness known as “just and right.”
2. Suit Affecting The Parent-Child Relationship (SAPCR)
Again, while the State of Texas does not recognize legal separation, it does not forbid informal partings. Couples may live apart with the understanding that they are still married, meaning they cannot legally enter into other romantic relationships or claim individual ownership of community property. However, separated parents can seek a court-approved child custody and visitation arrangement known as a “suit affecting the parent/child relationship.”
If you and a significant other separate and have children, then you do not need to wait for a divorce to determine child custody and visitation. In fact, a Suit Affecting The Parent-Child Relationship (SAPCR) can also be used for parents who never married and decided to separate.
Most parents can file a SAPCR so long as their child has lived in Texas for at least six months or since birth. They may also file in Texas as it is considered their home, and they have not lived outside of the state for longer than six months.
A SAPCR allows parents to have legally binding child custody agreements without divorce.
3. Partition and Exchange Agreements
While still married, spouses can draft “partition and exchange” agreements. Similar to prenuptials, these contracts assign ownership of designated assets to specific spouses. Those assets are no longer considered community property, nor subject to divorce proceedings.
However, spouses should understand that the partition and exchange remain in place for the duration of the marriage unless further action is taken. If couples reconcile without terminating the agreement, any partitioned assets will go to the deceased’s heirs rather than the surviving spouse.
4. Protective Orders
If you have suffered violence at the hands of your spouse, or you are worried about your safety or the safety of your children, then you or your attorney can file a protective order. A protective order could be used to keep your spouse away from you and your children.
A protective order can also establish who gets to live in the marital residence.
Typically protective orders expire after two years or once a divorce has been finalized. Having time and space away from an abusive spouse could help you make important decisions from a place of clarity.
What Are the Characteristics of Annulment or Divorce?
1.ANNULMENT
Annulment is the most difficult option to obtain. It treats a marriage as though it had never existed. While annulment is attractive to petitioners whose faith forbids divorce, its true purpose is to provide full relief for spouses who can prove they were either deceived or coerced into their union.
2. DIVORCE
Divorce is the permanent dissolution of a marriage between two living spouses, dividing jointly-owned assets, and allowing both parties to pursue independent lives, either through a “fault-based” or “no-fault” process.
Although annulment, which eradicates any history of a marriage, and legal separation, which leaves open the possibility of reconciliation, are polar opposites with divorce somewhere in the middle, the former’s finality and the latter’s lingering hope illustrate the range of emotions in a failing marriage. Understanding the depth of your feelings can help you determine which of the three methods is best suited to your circumstances.
Divorce and Family Law Done Right in Sugar Land, Houston, and Surrounding Areas
When you marry someone, your lives become deeply intertwined, which makes separating incredibly difficult. Not only is it highly emotional, but it also involves complex issues such as those involving your children and assets.
Regardless of how you end your marriage, it is important that you have support and guidance from a family law attorney. They will ensure that you know your rights and that you can make decisions from a place of clarity.
At Skillern Firm Divorce & Child Custody Lawyers, we are committed to offering personalized representation to our clients. We will take the time to understand your situation so that we can explain your legal rights and work to protect what’s important to you.
We will help you mediate your differences with your spouse. Mediation saves time and money on court involvement and helps protect important family dynamics. Where amicable agreements are not possible, we will also be prepared to fight on your behalf in front of a Judge.
Our goal is for you to transition to a new way of life, feeling confident about your future, whatever it takes.
Speak to an experienced family law attorney today by calling Skillern Firm Divorce & Child Custody Lawyers at (832) 688-6606
