Ending a marriage is a stressful, complicated, and often expensive life event. Yet, when a marriage is beyond repair, ending it can be the best thing for everyone involved. In Texas, a dissolution of marriage ends a marriage. But what is a dissolution of marriage? How does it compare to divorce?
Dissolution is broader, encompassing two legal routes to end a marriage. Unless you qualify for an annulment, you typically dissolve your marriage through a divorce.
Before dissolving your marriage, it is essential to understand your options. If you reach out to The Stout Law Firm, PLLC, our family lawyers can advise you on how to dissolve your marriage, what the process involves, and what may happen afterward. We cannot decide whether the time is right to end your marriage, but we are passionate about providing our clients with the information they need to make the best decision.
What Does Dissolution of Marriage Mean?
In Texas, dissolution of marriage covers two legal processes: annulment and divorce. Both processes dissolve your marriage and address the same issues. However, you can only get an annulment in limited circumstances.
Annulment
If you have your marriage annulled, you are no longer married, and legally, you were never considered married to begin with. Only marriages that are “void” or “voidable” may be annulled.
Void
A marriage is void if it was invalid when you got married. If your marriage is void, you were legally never married. You may be unable to get married if the reason the marriage was invalid persists.
Marriages are void:
- Between people who are closely related by blood or adoption;
- When one spouse is already married; or
- When one or both spouses are under 18.
You are too closely related to your:
- Ancestors and descendants,
- Siblings,
- Aunts and uncles,
- Nieces and nephews, and
- Current or former stepparents and stepchildren.
Unlike many states, Texas allows legally emancipated minors to get married.
Voidable
A voidable marriage was invalid when you married. However, a voidable marriage can be validated. Voidable marriages typically involve circumstances where one spouse did not or could not consent, such as when a spouse was:
- Under the influence of drugs or alcohol;
- Induced to marry through fraud, duress, or force; or
- Mentally incapable of consent.
You can validate a voidable marriage by living together as a married couple after the reason you could not consent ends or the discovery of the fraud. If you validate a voidable marriage, you can no longer have the marriage annulled.
Divorce
Like an annulment, divorce legally terminates a marriage. However, when you divorce, you gain legally divorced status.
You do not have to prove fault to get divorced. You can divorce if your marriage has become “insupportable,” preventing any reasonable expectation that you and your spouse will reconcile.
What Does a Dissolution of Marriage Involve?
A dissolution of marriage typically addresses the following:
- Child custody and visitation,
- Child support,
- Spousal support, and
- Property division.
Because you may be more likely to get an annulment earlier, you may be less likely to address every issue.
Child Custody
Two types of custody exist, physical and legal. Physical custody involves where the child primarily lives. A parent the child primarily lives with is a custodial parent. Legal custody involves the right to make important decisions about the child’s life. Parents may have joint physical and legal custody, but it is more common for one parent to have sole physical custody while the parents share legal custody. One parent may also be awarded sole physical and legal custody, leaving the other with limited rights.
In Texas, the assignment of child custody takes place through conservatorships:
- Joint Managing Conservatorships (JMCs),
- Sole Managing Conservatorships (SMC), and
- Possessory Conservatorships.
In JMCs, the parents share legal custody, but parents may share or split physical custody. In SMCs, one parent typically has sole physical and legal custody. The other parent may have a possessory conservatorship, generally involving limited visitation rights.
Child Support
Texas law sets minimum child support payments for noncustodial parents. A noncustodial parent pays 20% of their monthly income for one child and may pay up to 40% for five or more children.
Spousal Support
Spousal support is called spousal maintenance in Texas. Court-ordered payments depend on factors like each spouse’s ability to support themselves and the standard of living in the marriage.
Property Division
Texas is a community property state, meaning each spouse is equally entitled to marital property. Nonmarital or separate property includes:
- Property acquired before the marriage,
- Inherited property,
- Personal injury lawsuit payouts, and
- Property both spouses agree is separate.
Marital property typically includes all other property earned or acquired during the marriage.
The court must divide community property in a way that is “just and right” for each spouse and any children. As a result, a court may not always split property evenly.
Dissolution of Marriage vs. Divorce
Once you understand the legal background, the difference between a divorce and a dissolution of marriage in Texas is quite simple. A divorce is a dissolution that does not qualify for annulment.
The Stout Law Firm Can Help
If you are wondering about your options to end your marriage in Texas, contact the Stout Law Firm, PLLC. Our experienced attorneys can advise you on your potential paths forward.
RATE THIS POST
Loading...