The Common Law

Texas law recognizes several different procedures to dissolve a marriage – divorce, annulment, and declaring a marriage void (which is rarely used). For better or worse, people tend to be at least generally familiar with the concept of divorce. In contrast, while most people have heard the term annulment, few understand what that term means from a legal standpoint.

Like divorce, an annulment is a means by which a Texas court can dissolve a marriage. The big difference between divorce and annulment, however, is that an annulment indicates that the marriage never happened. Most grounds for annulment are rooted in some type of fraud, misrepresentation, or concealment. For example, courts have granted annulments when one spouse concealed the fact that he or she can't have children.

Other grounds for annulment tend to focus on misunderstandings between the spouses. Remember Britney Spears' Las Vegas wedding to her childhood sweetheart? The day after the pair wed Britney sought an annulment in part on misunderstanding grounds, claiming that the couple did not know each other's likes and dislikes, desires to have kids, and each other's preference on what state to live in.

The Britney Spears' fiasco aside, many people have legitimate reasons for seeking an annulment instead of a divorce. Some people seek annulments for religious reasons (Roman Catholics are often required to be annulled in order to remarry within the church). Others prefer an annulment because they attach a stigma to divorce.

Most annulments occur fairly soon after the marriage, usually within days, weeks, or months. This usually means that issues such as dividing assets or debts, child custody or visitation, or child support concerns are not as prevalent in annulments as with divorces.

Next week's column will discuss the specific grounds for annulment as recognized by Texas law. In the interim, read the Family Code, Chapter 6 if you would like to learn more about annulments.