More than often, the difference between a divorce and an annulment lies in the validity of the marriage in Texas. An annulment is statement that your marriage should not have happened in the first place, declaring the marriage invalid. This means that what was once a legal marriage never existed. On the contrary, a divorce puts an official and legal end to a valid marriage. Divorce proceedings are typically used to resolve issues such as the division of assets and child custody. Here are some grounds for annulments and divorce in Texas:

Annulment Due to Underage Marriage

When a person between the ages of 16 and 18 gets married without parental consent or court order, the court can grant an annulment to the marriage.

Annulment Due to Intoxication or Impotency

Should a person get married while under the influence of narcotics or alcohol and did not have the mental capacity to consent to the marriage, the marriage can be annulled. Likewise, if either party was permanently impotent at the time of marriage, the court can grant an annulment if the petitioner had no knowledge of the impotency at the time of the marriage.

Annulment Due to Fraud

Inducing a person into marriage via fraud can allow an annulment to be granted, provided that the petitioner did not willingly cohabitate with the other party after realizing that he or she has been a victim of fraud or being released from duress.

Annulment Due to Mental Incapacity

This type of annulment can have different outcomes depending on who brings the suit. If the petitioner is the person with the incapacity, an annulment may be granted only if at the time of the marriage they did not have had the mental capacity to consent to the marriage because of mental disease and did not willingly cohabitate with the other party during the time when they were in a capacity to recognize the marriage.

If the petitioner is the party without the mental incapacity, an annulment can be granted when the petitioner was unaware of the mental disease at the time of the marriage and has not willingly lived with the other party since discovering the mental disease.

Fault Divorce

Fault divorces have one spouse alleging that their partner did something that causes the end of their marriage:

• Adultery
• Cruelty
• Abandonment
• Felony Conviction
• Mental Incapacitation
• 
  

No Fault Divorce

No fault divorces are the result of the inability to continue the marriage due to reasons that is neither party’s fault. Being the most common type of divorce in Texas, it usually results in an equal split of marital assets.

• Insupportability
• Separation
• Uncontested Divorce (“Agreed Divorce”)

Getting separated in Texas, whether it be a divorce or an annulment, can be a mentally-taxing and lengthy legal process. To protect your interests and assets, you should consider seeking the advice of an experienced divorce law attorney who can evaluate your circumstances and recommend the best course of action to take.