If you are thinking about ending a marriage in Texas, it’s very common to be confused about the different possibilities. What exactly is the difference between a divorce, a separation, and an annulment, and which one is best for your situation? A divorce lawyer for women in San Antonio, TX can help you understand your options and the best choice for you.
What Is the Difference Between Divorce, Separation, and Annulment in San Antonio, TX?
The simple answer is that divorce is for permanently dissolving a legal marriage. Annulment is declaring that the marriage was not really legal in the first place. Separation is not a true dissolution of the marriage and is not recognized in Texas law. These simple explanations bear some further elucidation, however:
Understanding Divorce
Divorce is the legal termination of a valid marriage. In Texas, it dissolves the marital union and gets the courts involved in addressing issues such as property division, spousal support, and child custody. The state recognizes both “no-fault” and “fault-based” grounds for divorce.
No-Fault vs. Fault
A no-fault divorce is commonly granted based on “insupportability” due to discord or conflict of personalities that “destroys the legitimate ends of the marital relationship.” Essentially, this is saying that no one is really at fault for the dissolution of the marriage. You are just incompatible and either unable or unwilling to make it work.
If you want to get divorced based on “fault,” accepted grounds include adultery, cruelty, abandonment for a certain period or longer, felony conviction (so long as the other spouse’s testimony was not what led to the conviction), confinement in a mental hospital for a certain amount of time with no reasonable hope for release, and living apart.
What Happens Next
Texas is a “community property state,” meaning that any property acquired during the marriage is generally considered jointly owned by both spouses. Upon divorce, the court will divide community property in a manner that is “just and right,” which may not always mean a 50/50 split.
The two spouses can attempt to come up with a split on their own, and if there are any premarital agreements, these will usually be honored by the court unless they are considered egregiously unfair. The court will intervene if it believes that the division is not equitable. In determining whether a division is “just on right,” the court will look at the earning capacity of the spouses, their education and health, individual contribution to the marriage, whether one spouse’s bad behavior is driving the divorce (due to adultery, abandonment, cruelty, etc), and the nature of the property in question.
Spousal support, or alimony, may be awarded to a spouse who lacks sufficient property or income to provide for their reasonable needs, but this is not a given. Divorce proceedings involving children will address conservatorship (the Texas legal term for custody), possession and access (visitation), and child support. Texas courts always prioritize the best interests of the child when making these determinations. They will look at the child’s emotional and physical needs, the abilities of the parents, and the stability of the home environment.
Understanding Annulment
An annulment is a legal procedure that declares a marriage null and void, as if it never legally existed. Unlike divorce, which ends a valid marriage, annulment is a legal statement that a valid marriage was never formed in the first place. Qualifying for an annulment is rare as Texas law specifies only a few, very specific grounds under which an annulment may be granted:
Underaged Marriage
If one spouse was under 18 years old at the time of marriage without parental consent or a court order, an annulment may be sought. However, once the underage spouse reaches 18, if they do not wish to annul at that point, the right to annul on these grounds is forfeited.
Impotency
Impotence is another ground; if a spouse was permanently impotent at the time of marriage, and the other spouse was unaware, annulment is possible.
Mental Incapacity
If it can be shown that one spouse lacked the mental capacity to consent due to mental illness or impairment, the divorce can be annulled.
Forced, Fraud, and Alcohol
If consent to marry was obtained through deception, coercion, or force, the marriage may be annulled. Marriages entered into while one or both parties were under the influence of alcohol or drugs may also be annulled if the petitioning spouse has not voluntarily cohabited with the other spouse since the effects of whatever substance they ingested have subsided.
Concealed Former Marriages
If a spouse was divorced from a third party within 30 days before the marriage, and they concealed this from their new spouse, annulment is an option.
Cooling Off Period
Texas law requires a 72-hour waiting period after the issuance of a marriage license, so if a couple is married and asks for an annulment within this window of time, generally the marriage can be annulled unless certain exceptions apply.
Because an annulled marriage is, legally, a marriage that never happened, the parties are not entitled to spousal support or community property division, so most of the issues involved in divorce don’t matter. The sole exception is that the court may address issues related to children born during the marriage.
“Separation” in Texas
Texas does not recognize legal separation in the way some other states do; there is no legal status existing in a gray area between being married and divorced. However, couples can choose to live apart and make informal arrangements regarding property and child custody without court intervention. While Texas lacks a formal legal separation process, couples seeking to live apart without divorcing do have options.
One option is entering into a separation agreement. Couples can enter into legally binding agreements that outline the terms of their separation, including property division, spousal support, and child custody arrangements. Another alternative is partition and exchange agreements. These agreements allow spouses to divide their community property and convert it into separate property, which provides some financial clarity during the separation and can make a formal divorce easier later on. It’s always wise to have a lawyer to help in these situations to ensure that any agreements are fair to you.
Practical Considerations
Annulment is appropriate when the legal grounds for asking for one clearly indicate the marriage was invalid. Due to the high burden of proof and limited applicability, annulments are less common, though. Divorce is generally the more straightforward and practical option for ending a marriage, though it will usually be the more time-consuming choice. Once it’s done, however, it is done: you can more easily move on with life.
Separation may be considered by couples unsure about ending their marriage and provides some time to contemplate reconciliation, but it does need to be handled careful and with awareness that Texas law still considers the couple married for all legal purposes.
Find an Experienced Divorce Lawyer for Women
Regardless of the path, consulting a family law attorney is a must. A lawyer will explain all the nuances of the law and how they apply to your situation, give you advice on the right path for you and your family, and ensure that any agreements are fair to you and take into consideration your practical needs for the future. For experienced help, contact the law office of Woodford Sathappan McGee in San Antonio, TX and also serving Columbus, Cincinnati, Detroit, and Indianapolis.
