An annulment is categorically and legally different from a divorce. Although both terms appear to dissolve a marriage, a divorce only ends a marriage that was legally valid. Legally valid refers to a marriage that is recognized by the State of Texas. Therefore a marriage that is not recognized by the law will be viewed as void or voidable and thus an annulment would be the appropriate legal remedy for its end. An annulment, unlike a divorce, will be as if the marriage never existed; however, like a divorce, there may be several matters of dispute that must be resolved.
There are several types of marriages that the State of Texas views as being void and therefore will end in annulment at its inception. Void marriages include any marriage between certain relatives by blood or adoption as well as any marriage entered into when either spouse was still married. Void marriages are invalid as soon as they occur and will never be recognized by the State of Texas as a valid marriage.
A voidable marriage will require that you file for annulment in the requisite time period. Underage marriages without parental consent may be voidable. A marriage entered into under the intoxication of drugs or alcohol may be voidable. If either spouse was impotent at the time of marriage, and the other spouse could not have reasonably known this fact, such marriage may be voidable. A marriage that was entered into under fraud, duress or force may be voidable. Lastly, if one spouse lacked the mental capacity to enter the marriage, such marriage may also be voidable.
There are many types of marriages that the State of Texas views as so contrary to public policy that such marriages will be deemed to have never existed. An annulment is the recognition that a marriage should never have existed in the first place. Unlike divorce, which ends a legally valid marriage, an annulment will end a legally invalid marriage. Annulments are not granted lightly and there may be several factors that go into this legal process. If you or anyone you know is wondering whether a divorce or annulment is the best method to end your marriage, contact the divorce lawyers at the Law Office of Lauren Cain, call 214-326-4664, to guide you into what method is best for you.