Usually, when two people marry and then decide that it was a mistake, they simply file for divorce. However, in some situations, they opt instead for an annulment. There are many reasons that someone chooses to obtain an annulment, but it is important to realize the requirements are very strict. While divorce is easier to get, there are situations where an annulment may be the better choice for you, especially if there was some kind of fraud involved and you have substantial assets which could be at risk under Texas community property laws.

Requirements for an Annulment

There are only certain grounds that a person can use to file for an annulment under Texas law:

• One of the parties to the marriage was underage and did not obtain a parent’s consent

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It is no secret that sometimes divorces get ugly. The most common way that spouses try to hurt each other during divorce, aside from arguing over their children, is to try and get an upper hand in terms of asset distribution, sometimes by any means necessary. If you suspect your spouse of hiding assets, there are multiple methods your attorney can use to try and discover if assets are being hidden and where the assets have been moved to.

Methods for Your Attorney

In a divorce, your attorney is your first weapon if you suspect your spouse has committed some financial misdeed. There are multiple legal documents used during the divorce process, especially during discovery, on which a party is bound by law to tell the truth, and they must do so in very specific ways, providing very specific information. Both parties are bound to comply with any discovery request that the court deems ‘reasonable.’ Courts approve the majority of requests that are made.

If your attorney tailors their discovery requests appropriately, you can request significant amounts of information from your spouse. For example, written interrogatories are a common legal tool used during discovery where a party is asked to answer questions or confirm or deny a given statement.

Whether it is called alimony, spousal support, or maintenance, Texas law does recognize the concept of one spouse making periodic payments to the other spouse during and/or following their divorce proceedings. Although alimony may be available to you in your divorce case, there have been significant changes to alimony under Texas law in recent years, resulting in far fewer spouses being eligible to receive alimony. In fact, Texas has a reputation for being one of the hardest states to be awarded spousal support in. However, that does not mean you will not qualify. A skilled Austin complex divorce attorney can advise you what your legal options are.

Determining Whether You Qualify for Alimony

The easiest way to receive alimony is if you and your spouse can come to an agreement and that agreement is included in your final divorce decree that is approved by the court. The court will likely approve the agreement, even if the receiving spouse would not have normally qualified under Texas law.

This is also another reason why prenuptial agreements are a good idea because alimony can be discussed and agreed upon long before the couple’s marriage breaks down.

Unfortunately, extramarital relationships are not uncommon. Studies show that up to 70 percent of married people have cheated on their spouses. Of course, what counts as cheating may vary by person. Some people define adultery as having sexual relations with someone other than your partner. Others consider emotional infidelity or online relationships cheating as well. If your spouse cheated on you and you plan to divorce, it is important to learn about how the infidelity may impact the divorce case.

Texas Law Regarding Divorce and Adultery

Divorce laws vary by state. Texas is one of the few states that still has fault-based grounds for divorce. Adultery is one of those grounds. However, Texas law defines adultery as having sex with someone other than your spouse. Emotional affairs do not constitute adultery under the law.

If your spouse cheated on you, this may impact the property division process. Texas is a community property state. Marital property, meaning assets acquired during the marriage, are divided by the courts in a manner that is “just and right.” If your spouse had an affair or cheated, this may influence how the court divides property in your divorce. You may be entitled to a greater share of the marital estate. However, several other factors also influence property division including each spouse’s financial circumstances, the size of the marital estate, and divorce provisions involving children.

The unfortunate reality for many Texans who want to get a divorce is that fear of their spouse makes it feel impossible to leave an abusive relationship. Indeed, research has long supported the fact that victims of domestic violence are often at the most danger when they try to leave. 

Nobody should be trapped in a terrible marriage and forced to deal with domestic violence. This blog explores Texas’s special laws that are designed to protect victims and give them immediate and effective relief. If you are a victim of family violence in Texas and you hope to get divorced, there is hope. An experienced Texas divorce attorney can counsel you and help you explore your options. 

Protective Orders

Victims of domestic violence can file for a temporary restraining order (TRO) and other emergency protections to protect themselves and their children from their abuser. A protective order can prohibit abusers from coming within a certain distance of a person, their children, their home, or their workplace. Violating the restraining order carries serious penalties, including fines and jail time. Although a TRO is not a foolproof device, it can give spouses who need to leave time and space to strategize about their next steps. Under certain circumstances, a protective order can be continued indefinitely.