The Houston Family Law Blog

Why Get an Annulment Instead of Divorce?

In the state of Texas, it can be very difficult to get an annulment. Texas family law attorneys say that family courts rarely grant annulments because of the specific criteria that must be met for such a procedure.

In an earlier blog post, we discussed the grounds for an annulment in the Lone Star state. Such grounds include marriage is to someone under the age of 18, if the marriage took place under the influence of alcohol or drugs, if a spouse is unable to consummate the marriage, if an individual was threatened to get married, or if a spouse had a pre-marriage mental illness that was concealed from the other spouse. These are the only circumstances that are typically grounds for annulment.

That being said, if a person has the opportunity to get an annulment, then it could be an attractive alternative to divorce. FindLaw states that an annulment treats a marriage as if it never happened, so you're free to marry another person without going through the long process of a divorce. With some religions, it may be easier for a person to remarry in his or her church, if they go through with an annulment rather than a divorce. With an annulment, courts will not award financial support or spousal maintenance to one spouse. There also won't be any complications when it comes to marital property because such rights are lost with an annulment.

While the process of getting an annulment is not usually as lengthy or complicated as the process of a divorce, it's still a good idea to have a Houston family law attorney get involved with annulment procedures. This will ensure that a marriage really is void and that their are no legal mishaps along the way.

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