Annulment is the process of declaring a marriage null and void based on the premise that it was invalid to begin with.
Though the process is not used often, divorce lawyers see it used instead of divorce in certain circumstances, as a divorce acknowledges that the marriage was legal and valid.
What Qualified as an Annulment?
According to divorce law firms, the key to receiving an annulment is proving why the marriage is invalid and should be dissolved.
The Texas court recognizes the following reasons for declaring a marriage invalid, making annulment possible:
- A person married under the age of 18 without their parent’s consent.
- One or both spouses married while under the influence of narcotics or alcohol.
- A spouse is impotent at the time of marriage.
- A spouse is made to marry by force, fraud, or under duress.
- A spouse has concealed a divorce within the previous 30 days.
- A couple was married within the first 72 hours of receiving their marriage license.
What Else Is Needed For an Annulment?
In addition to meeting at least one of these qualifications, divorce attorneys stress that spouses must also show evidence that they have not acted as a married couple during the time that has passed.
The court will inquire as to whether they have lived apart or together after learning about impotency, concealed divorce, fraud, or other qualifying reasons, as continuing to reside as a couple suggests that the couple accepted their marriage beyond learning about those issues.
In these cases, the court would require spouses to work with their divorce law firm to process a standard divorce as opposed to an annulment; however, if the spouses, upon realizing the invalidity of their marriage, did not live together as a couple, an annulment is more possible.
Seek The Help of Divorce Lawyers for an Annulment
Although getting an annulment might seem easy when one of the required factors has been met, spouses should still seek the assistance of a divorce lawyer in most cases.
Depending on the duration of the relationship, marital property, the involvement of children, and many other details, an annulment may still require going through certain legal processes for it to be considered final.
What Does All This Mean?
Spouses who believe their marriage is invalid and wish to seek an annulment should speak to a divorce attorney to discuss the situation and how it should be handled.
If an annulment is possible, a divorce lawyer will help them fill out the appropriate paperwork and handle any divorce-related issues that may apply.
In cases where annulment is not possible because a couple remained together and presented as married, a divorce attorney attorney can then provide the guidance necessary for a standard divorce.