Annulment vs. Divorce in Texas

• Void vs. voidable marriages
• Annulment vs. divorce in Texas
• Pros and cons of annulment and divorce
• References

Both an annulment and a divorce can end your marriage in Texas. But important differences exist between these two options. 

In a divorce, a Texas court finds that your marriage was valid but something happened after the wedding that ended the union. In an annulment, the court finds that your marriage was never legally valid in the first place. 

Void vs. voidable marriages

In Texas, the distinction between "void" and "voidable" marriages is important.

Void marriages are automatically invalid and have no legal effect from the outset. These marriages are considered legally nonexistent. Common reasons for a marriage to be void include incest or bigamy (one spouse is already married to someone else). A void marriage does not require a court decree to be annulled; it is inherently invalid.

Voidable marriages, on the other hand, are valid unless one party seeks an annulment. A voidable marriage may be legally recognized but can be declared invalid by a court under certain circumstances, such as if one party was underage, coerced into marriage, or lacked mental capacity. Voidable marriages require a legal action (annulment) to be considered invalid.

For more details, read Texas Law Help's guide on void marriages.

Annulment vs. divorce in Texas: What’s the difference?

Texas courts recognize two very different paths to end your marriage. Divorce and annulment vary according to the following key factors: 

Outcome 

After a divorce, your marriage is over, and you have a new status: divorced. Your marriage was valid, but it's now no longer valid.

After an annulment, the court determines that your marriage was never valid. You return to your former status: single. It's as though your wedding never took place. 

Eligibility 

Texas courts allow annulments due to these situations:

• Age: One party was younger than 18 years old when the marriage happened. 
• Substances: One party was under the influence of drugs or alcohol when they got married. 
• Performance: One party is permanently impotent. 
• Deception: The wedding happened due to force or fraud, or one party concealed a prior divorce. 
• Mental health: One person didn't have the mental capacity to get married. 
• Time: The marriage happened less than 72 hours after the parties secured a marriage license. 

It's easier to get a Texas divorce. You must live in Texas for at least six months and in the county where you filed for at least 90 days. You can get a no-fault divorce in Texas; you're not required to prove a mistake by either party to file for divorce. You can just tell the courts you want your marriage ended. 

Process 

Both divorces and annulments involve filing a petition with the court. After you've filed the paperwork, you must notify your spouse about the case, go to court to end or nullify your marriage and turn in the final paperwork. The forms are different, but the steps are the same. 

Cost

To turn in your paperwork to the courts, you must pay a filing fee. That cost can vary from county to county. Contact the court in your county to find out how much the paperwork will cost. 

Time commitment

Texas requires a 60-day waiting period for divorces. The count begins the day you file for divorce. You might need even more time if your spouse won't work with you, and you must work out your differences via a lengthy court case. 

Annulments in Texas don’t come with a waiting period. But the courts in Texas can be crowded, and it can take weeks to schedule an annulment hearing. 

Pros and cons of annulment and divorce

Is an annulment or a divorce right for you?

An annulment is a relatively quick process that can invalidate a marriage that never should have happened. You'll leave the process as though you were never married, which could be particularly important in some religious traditions. 

A divorce can take longer, but you're not required to prove that anyone (including you) did something wrong to end your marriage. You could end your marriage simply because you want to.

Thinking about divorce but don't know where to start?

Our free download can help.

Sign up to get our FREE Pre-Divorce Checklist to make sure you've got all your bases covered.

References