In Texas, the authorized dissolution of a wedding can happen by two major mechanisms: a declaration of nullity and a divorce. A declaration of nullity, generally known as an annulment, treats the wedding as if it by no means legally existed. This contrasts with a divorce, which acknowledges the validity of the wedding however terminates it as a consequence of circumstances arising in the course of the conjugal relationship. For instance, if a wedding happens when one get together is already legally married to a different particular person, it could be topic to a declaration of nullity. Conversely, incompatibility or irreconcilable variations are grounds for divorce, not annulment.
Understanding the excellence between these authorized processes is essential for people looking for to finish a marital union. The implications prolong past merely dissolving the connection. Property division, spousal help eligibility, and even the authorized standing of youngsters born in the course of the marriage may be considerably impacted by whether or not a declaration of nullity or a divorce is pursued. Traditionally, declarations of nullity had been usually sought on spiritual grounds, reflecting societal views on the sanctity and indissolubility of marriage. Right now, whereas spiritual motivations should still exist, the grounds for acquiring a declaration of nullity are codified in statute and concentrate on particular authorized deficiencies present on the time of the wedding’s inception.