In Texas, the legal dissolution of a marriage can occur through two primary mechanisms: a declaration of nullity and a divorce. A declaration of nullity, commonly referred to as an annulment, treats the marriage as if it never legally existed. This contrasts with a divorce, which acknowledges the validity of the marriage but terminates it due to circumstances arising during the marital relationship. For example, if a marriage occurs when one party is already legally married to another person, it may be subject to a declaration of nullity. Conversely, incompatibility or irreconcilable differences are grounds for divorce, not annulment.
Understanding the distinction between these legal processes is crucial for individuals seeking to end a marital union. The implications extend beyond simply dissolving the relationship. Property division, spousal support eligibility, and even the legal status of children born during the marriage can be significantly impacted by whether a declaration of nullity or a divorce is pursued. Historically, declarations of nullity were often sought on religious grounds, reflecting societal views on the sanctity and indissolubility of marriage. Today, while religious motivations may still exist, the grounds for obtaining a declaration of nullity are codified in statute and focus on specific legal deficiencies existing at the time of the marriage’s inception.
