Annulment Lawyer Austin, Texas
Divorce is commonplace in America. Nearly everyone knows someone who has gone through a divorce. And as a result of that fact, most of us understand the basics of the divorce process. Less understood is the concept and process of “annulment.” How is annulment different from divorce? And if you are unable to divorce for religious or other reasons, might annulment be an option?
Annulments are relatively rare because they are only granted under limited circumstances. Most individuals, regardless of the circumstances under which they got married, will need to work with a divorce lawyer Austin, TX residents trust to dissolve their marriage. However, if the circumstances surrounding your nuptials allow you to file for annulment, you can work with an Austin, Texas annulment lawyer at Gray & Becker, P.C. to change your marital status.
How are Divorce and Annulment Different?
You likely already know that both divorce and annulments result in the end of a marriage. The difference is how the marriage is classified in each case. If a marriage is considered legally valid, the only way to officially end it (other than death) is through divorce. When you have a marriage annulled, however, you are asserting that legal recognition of the marriage should be rescinded because the marital union in question was never legally valid to begin with. Another way to think of annulment is that it is the process of declaring that a marriage is “void.”
Who Qualifies for Annulment? Why are Some Marriages Invalid?
There are seven primary reasons a court will grant an annulment in Texas, and some are far less likely than others. Any assertions of these grounds must be proven in court, which is one reason why it’s important to work with an experienced Austin, Texas annulment lawyer if you’re interested in annulling your marriage.
Some grounds for annulment probably won’t apply to your situation, but it’s certainly not impossible for you to be facing these challenges:
- You and your spouse are biologically related to one another and are closer than first cousins (incest)
- Your spouse or you are already married to someone else and that previous marriage hasn’t been terminated (bigamy)
Next, there are some reasons which may have historically been common, but are thankfully becoming rarer:
- One spouse got married too young and was below the age to give legal consent (underage) at the time that the marriage began
- One spouse got married under threat, coercion or force
Finally, here are some reasons which would be most likely to apply today:
- One or both spouses were too intoxicated at the time of the wedding to give their consent (intoxication)
- Something fundamental to the foundation of the marriage was lied about or hidden by one spouse from the other (fraud)
- One of the spouses is considered permanently “impotent,” meaning they are unable to have sexual intercourse
The Legal Effects of Annulment
Many annulments happen early in the marriage, but not all marriages are annulled right away. In the event of annulment (especially after a longer marriage), a judge can still rule on issues like property division, child custody, support, etc.
Importantly, an annulment renders a marriage void. So when asked, even in a legal context, it is acceptable to say that you were never married to the person you wed.
Have More Questions? Contact an Annulment Lawyer Austin, Texas, Trusts
Our firm is ready to answer any questions you may have about annulment, divorce or other family law issues and to hear about your legal needs. Call us today to arrange an initial consultation with an Austin, Texas annulment lawyer today. We look forward to speaking with you.