When it comes to family law matters, you might have heard the words “divorce” and “dissolution” thrown around. In Texas, every divorce is a dissolution, but not every dissolution is a divorce. If you are mulling over dissolution vs. divorce, know that they both end a marriage. Dissolving your marriage in Texas means that your marriage is over, and a divorce is one of several ways to achieve that end.
At the Stout Law Firm, PLLC, our award-winning attorneys focus exclusively on family law matters. With our deep understanding of dissolution and divorce, we can help you make the right decisions in your family law case and protect your rights.
Divorce vs. Dissolution: An Overview
If you have come to a crossroads in your relationship and are wondering about the difference between divorce and dissolution, the following information can help you determine the best way to end your marriage. Subchapters A, B, and C of Texas’s dissolution of marriage laws identify three types of marriage dissolution in Texas:
- Annulment,
- Divorce, and
- Declaring a marriage void.
Of these three types, divorce tends to have the least stringent standards.
Annulment
In the conversation about marriage dissolution vs. divorce, a form of dissolution that is very different from divorce is annulment. To have your marriage annulled, you (or your guardian in some cases) must prove one of the following:
- You were under the influence of drugs or alcohol, you did not have the capacity to consent when you got married, and you have not voluntarily lived with your spouse since the effects of the intoxicating substance wore off;
- You are under 18;
- Your spouse was permanently impotent at the time of marriage, you did not know about the impotence, and you have not voluntarily lived with your spouse since discovering the impotency;
- Fraud, force, or duress from your spouse induced you to get married and you have not voluntarily lived with your spouse since the duress, force, or fraud ended;
- Your spouse was mentally incapable of consenting to the marriage, you did not know of the mental incapacity, and you have not voluntarily lived with your spouse since learning about their incapacity;
- You were mentally incapable of consenting to the marriage and you have not voluntarily lived with your spouse in moments when you have had the capacity to recognize the marriage relationship;
- Your spouse was divorced from someone else within 30 days of your marriage ceremony, you did not know about the divorce, and you did not voluntarily live with your spouse during a time that a reasonably prudent person would have discovered the divorce; or
- Your marriage ceremony occurred 72 hours or less after you received your marriage license and you have not been married for more than 30 days.
As you can see, you must act quickly to obtain an annulment of your marriage. Our skilled attorneys can take swift action to address your annulment and make sure that you have the proper evidence to establish your case.
Divorce
A divorce is the dissolution of a valid marriage and involves the splitting of assets and allocation of child custody. A couple can divorce based on one of the following grounds:
- Abandonment,
- Adultery,
- Confinement in a mental hospital,
- Conviction of a felony,
- Cruelty,
- Insupportablity, or
- Living apart.
Of the above-listed grounds, insupportability is a no-fault ground for divorce that can be simpler to establish than the others. To prove this ground, you must show that your marriage has become insupportable because of conflict or discord that has destroyed the legitimate ends of your relationship and has prevented a reasonable expectation of reconciliation. Obtaining a divorce based on insupportability has far fewer constraints than an annulment, a void marriage, or a fault-based divorce.
Declaring a Marriage Void
Although there might have been ceremonies performed and licenses issued—some marriages are invalid from the beginning and can be declared void. A marriage can be declared void if:
- Either spouse was still married to another person at the time they married each other,
- The spouses are related by blood or adoption,
- A spouse is younger than 18, or
- The spouses also have a stepparent-stepchild relationship.
If you are unsure what type of dissolution is in your best interest, speak to us about your circumstances and concerns. We can help you review your options regarding marriage dissolution vs. divorce.
Contact the Stout Law Firm, PLLC, Today
If you have questions about the difference between dissolution and divorce, we have the answers at the Stout Law Firm, PLLC. We have decades of combined experience, and for many years, we have received honors from the legal community. We have the credentials, the reputation for excellence, and the passion to make the best out of any family law matter you may face. Please give us a call or reach out to us online to schedule a consultation.
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