When a marriage breaks down, the prospect of taking legal action that formalizes the end of the relationship can be a source of apprehension and stress.  At our Texas divorce law firm, we often hear from clients that are unclear on the distinctions between the various legal actions to address the rights of married parties when a relationship ends, such as divorce, legal separation (called “separate maintenance” in Texas) and annulment.  Some clients use these terms interchangeably or in ways that make it clear that they do not understand the distinctions between these alternatives.  Texas divorce attorney Alex Tyra explains how divorce, legal separation and annulment differ.

Dissolution of Marriage (Divorce)

Divorce (formally called “dissolution of marriage”) is the most common legal action to terminate a marriage.  A divorce action terminates marital status based most typically on the “incompatibility” of the parties, which means that the marriage has completely broken down and cannot be restored with counseling or other forms of intervention.  While the divorce process will completely dissolve the marital relationship, it also acknowledges that a valid marriage between the parties previously existed.  A divorce action may address a wide range of relevant issues that include property division, alimony (spouse support), child custody/visitation, child support and other issues.

Legal Separation (Separate Maintenance)

Separate maintenance is a variation of the process that is referred to as “legal separation” in other states.  While legal separation can address essentially all of the issues in a divorce action like asset and debt distribution, spousal maintenance, parenting plans, child support and others, it differs from a divorce because the marital status of the parties is not altered.  This type of action is not filed frequently.  If a couple wishes to keep their marital status intact for religious or reconciliation reasons, however, this may still provide an option.  If one of the parties files for divorce, the court will proceed on the dissolution of marriage claim rather than the separate maintenance claim.

Annulment

When a party seeks a Kansas annulment, the party is essentially asking the court to formally acknowledge that the marriage was “void” from its inception or “voidable” based on some fact that one or both parties did not know entering into the marriage that would have materially affected the moving party’s decision to marry.  An example of a void marriage would include a marriage where one of the parties never obtained a final judgment of dissolution of marriage in a prior divorce or the parties were too closely related by blood to be lawfully married.  An example of a voidable marriage might include a spouse finding out that his or her spouse only entered into the marriage to obtain immigration benefits.  While some people believe that annulment may only be granted if the marriage is extremely brief, this form of relief can be sought if the statutory criteria are met regardless of the length of the marriage.

Texas divorce attorney Alex Tyra offers a free consultation during which he can advise you about the various options including dissolution of marriage, annulment or legal separation.  We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.