Question:
What types of legal actions are considered a “suit for dissolution of a marriage” under Texas law, and what are the differences between divorce, annulment, and a suit to declare a marriage void?
Answer:
Under Section 1.003 of the Texas Family Code, a “suit for dissolution of a marriage” includes three types of legal actions:
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Divorce
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Annulment
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Suit to Declare a Marriage Void
Each of these actions serves to legally end or invalidate a marriage but does so in different ways, based on distinct legal grounds and consequences. Let’s break them down in detail.
1. Divorce – The Legal Termination of a Valid Marriage
Definition:
A divorce is the formal legal process of ending a valid marriage. It does not question the legality of the marriage itself but seeks to end it due to irreconcilable differences or other statutory grounds.
Texas Law Overview:
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Texas is a “no-fault” divorce state, meaning a party does not need to prove fault like adultery or cruelty; they can simply state that the marriage has become insupportable.
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However, fault-based grounds (e.g., cruelty, adultery, abandonment, felony conviction, or living apart for three years) are also recognized and may impact property division or spousal support.
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A divorce proceeding may address multiple issues:
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Division of community property and debt
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Spousal maintenance
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Child custody (conservatorship)
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Child support and possession schedules
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Protective orders, if applicable
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Jurisdiction Requirements in Texas:
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One spouse must have been a resident of Texas for six months and of the county for at least 90 days before filing.
2. Annulment – Declaring a Marriage Invalid Based on Defects at the Time of Marriage
Definition:
An annulment is a legal procedure that declares a marriage invalid from the beginning (as if it never legally happened), but only under specific, limited circumstances.
Grounds for Annulment in Texas:
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One party was underage without court approval
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A party was under the influence of drugs or alcohol and did not have capacity
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Impotence that was not disclosed before marriage
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Fraud, duress, or force used to induce the marriage
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Mental incapacity at the time of the marriage
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Marriage within 72 hours of obtaining a license (waivable by court)
Effect of Annulment:
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The marriage is considered voidable, not void from the start.
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The court may still divide property acquired during the marriage and may address child-related issues.
3. Suit to Declare a Marriage Void – Declaring a Marriage Legally Invalid from the Outset
Definition:
This is used when the marriage was never legally valid in the first place. Unlike an annulment, a void marriage is invalid without needing court action, but a suit may be filed for official recognition and legal clarity.
Examples of Void Marriages under Texas Law (Chapter 6, Subchapter C):
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Bigamy (one party is already married)
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Incest (marriage between close relatives)
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Marriage to a stepparent or stepchild
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Marriage while still underage without court authorization
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Certain marriages involving recent divorce within a prohibited time frame
Legal Effects:
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The court can confirm the void status and address any property or child-related issues.
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A declaration of void marriage is particularly important for recordkeeping, immigration, and inheritance purposes.
Conclusion
A suit for dissolution of a marriage in Texas can take the form of:
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A divorce, which ends a valid marriage;
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An annulment, which cancels a marriage based on a legal defect at the time it was entered; or
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A suit to declare a marriage void, which recognizes that no valid marriage ever existed under the law.
Each of these legal pathways has specific procedural rules and consequences. Understanding which action applies to your situation is critical to protecting your rights regarding property, children, and future legal relationships. If you’re unsure, consult a Texas family law attorney to assess the facts and determine the proper course of action.