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Annulment Versus Divorce


What is an annulment? How does it differ from divorce? The state of Texas defines annulment as the legal invalidation of a marriage. In other words, there was no lawful basis for the marriage at the onset. Therefore, the couple can choose to dissolve the marriage based on this, and treat it as though it had never existed.

Coker, Robb & Cannon, Family Lawyers is here to help families resolve their disputes and lend a compassionate, caring hand to those who need assistance dissolving their marriages. With over 95 years of combined experience and a commitment to helping our clients achieve favorable outcomes, we hope to give each and every person who comes to us the confidence they need to move forward.

Grounds for Annulment

There are two types of grounds for annulment in our state. There are “void” and “voidable” marriages. An individual may have grounds for annulment based on a void marriage if he or she is already married to someone else, for instance. Another example would be if the person has married a close blood relative. Voidable annulment grounds, on the other hand, encompass several scenarios.

These are examples of valid reasons to annul a marriage:

  • Fraud, duress, or force
  • Inability to consummate the marriage
  • Mental incapacity
  • Underage spouse
  • Marriage occurred under the influence of alcohol or drugs
  • One of the spouses did not give consent to the marriage
  • Concealment—one of the spouses hid something significant from the other

Typically, most of these issues are discovered early on in the relationship, and the ability to get a legal annulment relies on the parties not cohabiting as a married couple once the issue is discovered. For that reason, most of the property and custody issues that arise in a divorce will not come up in an annulment.

Find Counsel from Our Lawyers

At Coker, Robb & Cannon, Family Lawyers, our family law attorneys serve the areas of Denton County and Collin County. Filing for an annulment is a formal step in the dissolution process for a marriage that is already void or voidable. We urge you to seek counsel with a member of our legal team, so that you can feel secure knowing that you are taking all of the right steps to be sure you are not considered legally married under any circumstances.

Tell us about your case today! Contact Coker, Robb & Cannon, Family Lawyers to request your confidential consultation.

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