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State Bar of Texas

Untying the Knot: Annulment and Divorce in Texas Explained

Jerry W. Tidwell, Jr.

Welcome to the Tidwell Law Firm blog, where we strive to provide you with valuable insights into the intricacies of Texas family law. Today, we shed light on a critical topic that often confuses many individuals: the differences between annulment and divorce in Texas family law cases.

Unveiling the Truth: Annulment vs. Divorce in Texas Family Law


When a relationship reaches a point where separation is inevitable, individuals often contemplate whether to pursue an annulment or a divorce. While both legal processes signify the end of a marriage, they differ significantly in terms of procedure, grounds, and outcomes. Let’s delve into the nuances of each process to help you make an informed decision.

What is an Annulment?

An annulment, sometimes referred to as a “nullification” or “declaration of invalidity,” declares a marriage null and void, as if it never existed in the first place. In other words, an annulment erases the marriage from a legal standpoint, treating it as though it never occurred. This distinction makes annulment a unique option for those seeking to dissolve a marriage under specific circumstances.

Grounds for Annulment

Texas law provides specific grounds for seeking an annulment, which must be proven in court. These grounds include:

  1. Fraud or Misrepresentation: If one party concealed important information or misrepresented themselves before the marriage, an annulment may be pursued.
  2. Bigamy: If one party was already married at the time of the marriage in question, an annulment can be sought.
  3. Incapacity or Impotence: An annulment can be requested if one spouse is physically or mentally incapable of entering into a valid marriage.
  4. Underage Marriage: If one or both parties were underage at the time of the marriage without proper consent, an annulment may be pursued.
  5. Duress or Force: If one party was forced into the marriage against their will, an annulment is a viable option.

What is a Divorce?

Unlike an annulment, which renders the marriage void, a divorce terminates a legally recognized marriage. It acknowledges that the marital union once existed but is now being dissolved due to irreconcilable differences or other valid reasons.

Grounds for Divorce

In Texas, you can seek a divorce on both fault and no-fault grounds. No-fault grounds include insupportability, which means there is no reasonable expectation of reconciliation due to discord or conflict. On the other hand, fault grounds for divorce may include adultery, cruelty, abandonment, conviction of a felony, or confinement in a mental institution.

Key Differences

The primary distinctions between annulment and divorce in Texas family law are as follows:

  1. Legal Status: An annulment declares the marriage null and void, treating it as though it never occurred, while a divorce terminates a legally recognized marriage.
  2. Grounds: Annulment requires specific grounds such as fraud, bigamy, incapacity, underage marriage, or duress. Divorce can be pursued on both fault and no-fault grounds.
  3. Property Division: In an annulment, property division rules are different from those in divorce. The court may aim to restore each party to their pre-marriage financial state.
  4. Spousal Support: Annulment does not typically involve spousal support, while divorce can include provisions for alimony or spousal maintenance.
  5. Children and Custody: Both annulment and divorce cases address child custody and support. However, the legal process and considerations may differ slightly.


When deciding between annulment and divorce in a Texas family law case, it is crucial to understand the differences and assess your particular circumstances. Consulting with a Texas family attorney will help you navigate the complexities of the legal system and make informed decisions that protect your rights and interests.

If you need assistance with an annulment or divorce case, our experienced team at Tidwell Law Firm is here to guide you through the process. Contact us today to schedule a consultation and let us help you achieve the best possible outcome in your family law matter.

Remember, understanding the nuances of annulment and divorce empowers you to make informed decisions during challenging times. Stay tuned for more.

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