Jump to Navigation
Texas divorce different from annulment in important ways

Wednesday, July 18, 2018

Popular culture often suggests little difference between a divorce and an annulment, but the truth is these are very different proceedings.  A Texas divorce is taken very seriously, so an annulment might sound like a more palatable way to name it. However, the IRS makes important distinctions between the two that are vital for both parties to understand. 

Generally speaking, a court will grant a divorce to a couple who were lawfully married - that is to say, the marriage was valid from day one. An annulment presupposes the marriage was not valid to begin with and, therefore, was never legally binding anyway. One might encounter such a distinction when referring to a marriage that was entered when one or both parties were incapable of comprehending their decision (as in the case of intoxication), if the marriage was predicated on ulterior motives (for example, obtaining a green card) or if one person said "I do" under duress or threat.  

The reason the IRS is so interested in the distinction is because of tax filing status. Simply put, if a marriage was not valid when the couple tied the knot, this means they had no legal right to file as a couple moving forward. This can have profound financial implications for both parties if they filed taxes during their time together before seeking an annulment. 

Taxes can be complicated, particularly as they pertain to a post-Texas divorce situation. Both parties may benefit from a proactive approach to divorce -- learning the ins and outs of the process before seeking an end to their marriage. This can mean the difference between a relatively straightforward divorce and a complicated, more costly process. 

Source: accountingweb.com, "Divorce Versus Annulment: It Makes a Big Difference on Your Tax Return", Julian Block, Feb. 4, 2015

No Comments

Leave a comment
Comment Information
FindLaw Network

We Can Help You, Contact Us Today! Saturday Morning Appointments Available

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office Location

Law Office of Douglas C. Smith
10514 Montwood Drive
El Paso, TX 79935

El Paso Law Office Map

Review Us