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Can you end your marriage while avoiding a divorce?

On Behalf of | Nov 7, 2017 | Divorce

There are many reasons why a person would want to avoid divorce, even when he or she wants to end a marriage. Annulment is an alternative to divorce, and it can accomplish many of the same things that a divorce does. However, the main difference between the two is that while a divorce ends a marriage, an annulment makes it as if it never existed.

Annulment is not appropriate for every situation, nor is it an available option for every person who wants it. If you believe that you could file for an annulment or would like to know more about this legal option, you would be wise to seek a full understanding of your legal options before you make any important decisions.

Who can get an annulment?

Not everyone in Texas who wants an annulment can get an annulment. There are very specific circumstances in which this would be appropriate. Some of following are valid reasons for seeking an annulment instead of a divorce:

  • Concealment: Concealment occurs when one spouse hides something of major importance from the other spouse, such as a problem with drug abuse or other serious issue.
  • Misrepresentation: Misrepresentation, or fraud, occurs when one of the spouses lies about a major issue, such as the desire to have kids in the future.
  • Impotency: If one spouse was not aware that the other was incurably impotent before the marriage, it could be grounds to seek an annulment.
  • Misunderstanding: If there was a major misunderstanding between the two parties about an issue that compromises the integrity of the relationship, it could be grounds for an annulment.
  • No consent: This is valid grounds for annulment if one or both spouses does not have mental capacity to consent to the marriage, was coerced into the marriage or was intoxicated at the time.

In most cases, one or both parties will find that they have grounds for annulment shortly after the marriage takes place. If you think this could be an option for you, you have no time to lose in following through with the appropriate course of action.

Considerations for the end of your marriage

If you are considering the end of your marriage, an annulment could be the right way to accomplish your legal goals. Before you move forward with either an annulment or a traditional divorce, you would be wise to learn about the effects that your decision will have on matters pertaining to property division, child custody and more.