Ending a marriage is rarely an easy experience for anyone involved. A major reason is that when spouses divorce, they must undergo an extensive legal process of dividing their property and arranging terms for custody of their children, if they have any. At the Law Firm of William A. Walsh, our team provides compassionate legal representation to clients wishing to end their marriage within the Texas family court. While most people think of divorce when they imagine ending a marriage, the reality is that divorce is only meant to be a method of ending a legally valid marriage. What happens if a married couple determines that their marriage was never valid in the first place?
Annulment is often conflated with divorce, but the only similarity between the two is that both proceedings result in the ending of a marriage. While divorce ends a legally valid marriage, annulment declares a marriage null and void and specifies that it was never a legal marriage in the first place. Annulment is only possible under certain conditions, and the process of securing an annulment is generally much more difficult than filing for divorce.
If you believe your marriage qualifies for annulment in Granbury, an annulment lawyer is your best asset to complete the process. The Law Firm of William A. Walsh can provide the comprehensive and compassionate legal counsel you need for this complicated process. We will take time to learn as much as we can about your situation so we can provide thorough, client-focused legal representation through every phase of your case.
There are both religious and legal annulment processes in the United States. Many religious organizations do not recognize legal divorce and will not allow a congregation member to marry a new spouse unless their previous marriage is annulled. However, the legal process of annulment is quite different and declares that a marriage was never legally valid. An annulment is only possible if the judge overseeing the case determines the marriage should be rendered invalid due to conditions present at the beginning of the marriage. If approved, annulment effectively states that the marriage never happened.
Every state upholds its own unique laws pertaining to annulment. If you wish to file for annulment in Granbury, TX, you and your spouse must live in Texas, or you must have lived in Texas when you were married. Additionally, you must be able to prove valid grounds to nullify your marriage. This means you must demonstrate that at least one of several compounding facts were true when you were married. The acceptable grounds to file for annulment in Texas include:
Any of these issues could potentially lead to annulment proceedings in Granbury. Your annulment attorney will carefully review your concerns and determine whether you have grounds to seek annulment under Texas state laws.
It is important to remember that once you discover any qualifying condition for annulment, you must take appropriate action immediately if you intend to annul your marriage. If you voluntarily remain in the relationship after discovering facts that would qualify your marriage for annulment, the judge overseeing your case may not grant the annulment. For example, if you discover that your spouse is incurably impotent, you must move out and begin annulment proceedings immediately to render your marriage invalid. If you continue living with the impotent spouse and remain married to them once you discover their condition, the court will likely refuse to grant an annulment.
It is possible for a couple with children to seek an annulment if they satisfy one of the state’s prerequisite conditions for annulment. In this situation, a Suit Affecting the Parent-Child Relationship is filed alongside the annulment, and a custody determination ensues. This process unfolds relatively similar to the way it would in a standard divorce case.
The court must first determine the type of custody and support arrangements that would best suit the interests of the couple’s children. It is important to note that while annulment can declare a marriage invalid as if it never happened, it would not erase parental responsibilities. As such, the children of an annulled marriage remain the legal children of their parents after annulment.
It is possible to complete annulment proceedings in Texas without an attorney. However, since annulment cases involve complex details and may require a child custody determination to unfold alongside the annulment proceedings, it is best to hire an experienced Granbury annulment lawyer. Marriage cancellation attorneys can help you gather the evidence you need to prove valid grounds for annulment in Texas, guide you through your legal proceedings, and streamline the process.
If your case involves more than just declaring your marriage void, it is best to hire a reliable Granbury annulment attorney to represent you. Investing in experienced legal counsel is one of the best ways to ensure your case proceeds uninterrupted by procedural issues and meets all court-mandated deadlines.
If you believe you qualify for an annulment in Texas and want reliable legal counsel on your side throughout the process, it is essential to know how to choose a good attorney and what you can expect from them as your case unfolds. Your attorney should start handling your case by reviewing your concerns and determining whether you have valid grounds to seek annulment under Texas state law.
Your attorney should then help you understand what to expect from your proceedings. An annulment could include many of the same variables as a standard divorce, such as property division and child custody determination. Your attorney will walk you through each of these factors and let you know how to best prepare for them in your annulment case. Finally, attorneys will advocate on your behalf in Texas family court to achieve the most expedient and satisfactory result for your case.
Texas is one of nine US states that uphold community property laws. These laws state that all property acquired by a couple during their marriage remains the community property of both spouses. This can include real property like a home or other real estate, as well as income, investments, and other assets. In annulment, as in divorce, the spouses must split their community property 50/50. This may involve some transferring of assets, or the couple may need to liquidate certain assets and divide the proceeds.
Both spouses will be able to keep their separate property. “Separate property” refers to property that belongs solely to a single married spouse, such as real property they owned before marriage, inheritance received from blood relatives, and gifts.
If you believe that you qualify for an annulment, but the court rejects your petition for any reason, you will need to consult your Granbury annulment attorney to determine your next steps. You could have an opportunity to refile your annulment petition, or you may simply need to file for a standard divorce. Fortunately, your attorney will be well-prepared to represent you in either situation.
Q: How long does annulment take in Texas?
A: There is no waiting period for annulment in Texas. However, this does not necessarily mean your annulment can be granted immediately, as the family court system is generally very busy. Typically, an annulment can take a few weeks to between one and two months for more complex cases. If an annulment involves a child custody determination, this can extend the time to complete the process as well.
Q: Can I have my name changed in annulment?
A: If you changed your name when you married and wish to revert to using your previous name, this is automatically included in the annulment proceedings unless you specifically request to keep your married name. However, people filing for annulment rarely wish to do so. You can only change your name back to your previous name.
Q: How do I prove fraud to qualify for annulment?
A: Fraud is an acceptable basis for annulment if the information that was fraudulently presented or concealed would have changed your mind about marrying in the first place. If you discover any fraud that would have led you to disagree to the marriage in the first place, you should stop living with your spouse and immediately begin annulment proceedings.
Q: What is the difference between a suit to declare marriage void and an annulment?
A: An annulment case pertains to the reasons a marriage was invalid from the start. However, it is possible that a couple can continue the marriage and declare it valid despite these reasons. A suit to declare marriage void, on the other hand, means that the marriage can never qualify as a legal marriage. These suits apply to cases involving bigamy or blood relation between the spouses.
Q: Can I get an annulment if my spouse and I have a prenuptial contract?
A: A prenuptial contract cannot prevent you from seeking annulment if valid grounds for annulment exist. Keep in mind that a prenuptial contract applies to a legally valid marriage. An annulment can effectively release you from the terms of a prenuptial contract since the marriage was not valid in the first place.
If you believe your marriage qualifies for annulment under Texas state law, the Law Firm of William A. Walsh can assist you with this complicated process. We understand that you have many questions about the annulment process and the specific details of your case. Our goal is to answer each of them as thoroughly as possible and help you approach this situation with confidence. Our team will carefully review your case to verify that valid grounds for annulment exist and assist you in the proceedings to follow.
Our team believes in client-focused representation. We will get to know you and help you address each of the variables that your annulment case entails. If you need legal counsel for related legal matters, such as a child custody determination, you can rely on us to assist you with these issues as well. If you are ready to file for an annulment in Granbury, TX and want to speak with an experienced marriage cancellation attorney about your situation, contact the Law Firm of William A. Walsh today to schedule a consultation.