What is the difference between annulment and divorce?
A divorce is a court order that ends a marriage. An annulment is a court order that the marriage never existed.
An annulment can only be ordered based on limited circumstances like fraud, duress, or force as well as underage parties, alcohol or drug abuse, mental capacity, etc. There has to be some kind of untruthfulness that caused the person seeking an annulment to enter the marriage when they would not have done so if they knew the truth.
A divorce can be ordered when the parties feel they cannot continue living together. So, there was a marriage that is now ended.
What difference does it make in inheritance disputes?
A recent case shows how an annulment affects inheritance disputes. 02-21-00044-CV. In this case, a man, Quebe, died intestate. His daughter asked the probate court in Galveston to appoint her the independent administrator of the estate. A woman named Wallace, who claimed she was the common-law wife of Quebe, filed a competing application. Wallace was married to a man, King, who lived in Wichita County. Wallace went to Wichita County and asked the judge to annul the first marriage to King based on fraud. King didn’t object so the judge granted her an annulment. Wallace then returned to Galveston where the judge found that she was the common-law wife of Quebe and had priority of appointment as the administrator of his estate.
If the woman had gotten a divorce, she couldn’t be the common-law wife of Quebe because she was already married. But, by getting the marriage annulled, it is as if no marriage ever existed! And in this case, the probate judge found that she had put on enough evidence to find that she was the common-law wife.