Annulment vs. Divorce

The terms “annulment” and “divorce” are often used interchangeably when talking about the dissolution of a marriage. However, from a legal and a practical standpoint, annulling a marriage is very different from dissolving it in a divorce. Though this distinction may seem unimportant to some, understanding it is critical for anyone who is seeking to end or void a marriage.

The most basic difference between an annulment and a divorce is this: a divorce dissolves an existing marriage, while an annulment essentially denies that a marriage ever took place. An annulment is retroactive, meaning that it affects even events which happened earlier in time. An annulled marriage is legally considered to have never existed, with only a few exceptions (such as child legitimacy and community property) depending on the circumstances.

Annulments are also much quicker than divorces. In the state of Texas, a married couple must wait 60 days before being eligible for divorce. An annulment, in contrast, can be declared immediately, so long as proof of “voidability” is presented.

On the other hand, because annulments require specific proof of certain “voidability” requirements, they can sometimes be a heavier burden than divorces, which can often be performed under a “no-fault” basis. Furthermore, the time restrictions on many types of annulment are often fairly strict, sometimes only 30 days in length.

For more information on annulment and divorce in Austin, TX, contact Austin divorce lawyers Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.