Divorces and annulments almost have the same ending. They both dissolve the union that once existed between the parties. However, they are two different processes in that they each have a different set of qualification rules. They are also documented differently after a judge grants them. The following are some of the distinguishing characteristics of divorces versus annulments. A divorce lawyer or divorce attorney can assist you with either of these processes.
Divorce vs. Annulment
The main distinction between a divorce and an annulment is that the law will treat the marriage of divorcees as if it existed. In the case of an annulment, the marriage is considered as null and void. The law will treat it as if the marriage had never existed. Someone will have to file a request for either one of these processes to begin, and the initiating party must have a viable reason for the request, which is referred to as appropriate grounds.
Grounds for Divorce vs. Annulment
The grounds for divorce vary by state. The state of Texas recognizes seven applicable grounds for divorce. The no-fault ground is called insupportability. It doesn’t mean that one person failed to support the other person. The term refers to the parties not having any basis on which to support or sustain their marriage any further. Fundamental differences exist, and there does not seem to be a resolution other than termination of the marriage. Texas also recognizes six fault-based grounds for divorce which are adultery, cruelty, mental hospital confinement, felony conviction, abandonment and living apart.
Annulment grounds are different from divorce grounds. They claim that the marriage was illegal or unallowable in the state. Bigamy is a common reason for annulment. One spouse already has a spouse and takes it upon himself to marry another person without going through the proper divorce procedures. Such a marriage is not legal and will qualify for an annulment. An individual can request an annulment for a matter of impotence before the marriage that the person did not disclose beforehand. An annulment may be possible if there was any fraud or duress involved in the process. It may also be possible to obtain an annulment if one of the spouses lacked sufficient mental capacity to consent to it. Using trickery to get married under age may also be subject to an annulment. Furthermore, a spouse can request an annulment if the other spouse refuses to live with that person or consummate the marriage.
The Burden of Proof
The burden of proof is upon the initiating party in all annulment cases and fault-based divorce cases. An insupportability case does not require proof of any wrongdoing. Parties who have lived apart for three years must prove that they have lived apart for three years. The same rings true for those who claim abandonment. Proof of other grounds may include jail records, police reports, pictures, psychiatric reports, documents from physicians and hospitals and so forth. It’s best to hire a divorce attorney or divorce lawyer for such complex matters.
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We are a trusted family law firm with various locations and a promise of risk-free consultation and integrity. We cover uncontested and contested divorces as well as child custody cases, domestic violence matters, criminal law, immigration law and more. We have glowing feedback from people whose lives we have changed, and our attorneys have been helping citizens for decades. Come and talk to us about the divorce or annulment that you are considering. The initial meeting to discuss your case is free.
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