Legal Question in Family Law in Texas
annulment or divorce
i have a friend that was married in 1997. the couple is still married but has not been living as husband and wife since 6 months after they were married. they were married because of a pregnancy. are they still legally married even though they have separate lives and dont ever communicate. the woman is in a relationship that lasted about a year and the man has been in one for about 2 years.dont they need to get legally divorced before they continue with all this nonsense? or is an annulment in order since they were married because of the pregnancy and they never really loved each other? both parties will agtree to this statement.
3 Answers from Attorneys
Re: annulment or divorce
As the other 2 attorneys mentioned, annulment is very difficult and usually a divorce is easier to file.
Please be advised that Texas does not recognize separation. In Texas, you are either married or divorced.
Therefore, when people no longer want to be together they really need to get divorced.
"Going on with their lives" is usually what costs people a lot of money. For example, if one spouse does not pay their bills and their creditors learn that they are married, the other spouse can be sued to pay the "community" debt.
Likewise, if one spouse starts a business and makes a lot of money, the other spouse can attempt to get 50% of that "community" asset.
Divorces really get to be expensive when the wife has children by another man. The husband is the PRESUMED father of all children born during the marriage! The presumption can be rebutted but it complicates a divorce.
In summary, if people don't want to be together then they should divorce.
If you have any questions, please call me.
Fran Brochstein
713-847-6000
Re: annulment or divorce
Once they are married, they continue to be married until either a court signs a divorce decree or one of them dies.
In my experience, annulments are sometimes difficult to obtain, especially when there is a child involved.
Re: annulment or divorce
Annulment is avialable when the marriage is not consummated. After the wedding night (which this couple apparently celebrated at one time or another), divorce is the only legal way to conclude a marriage - regardless of the original reasons. They will probably think of this when one or both of them finds someone they want to stay with for a while.
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