A party may challenge a judgment as void through either a collateral or direct attack. Generally, a Texas divorce decree is only subject to collateral attack if the court lacked jurisdiction over the parties or subject matter. Other errors must be challenged through a direct attack. A direct attack can…
Marriages in Texas are generally presumed to be valid. Tex. Fam. Code Ann. § 1.101. In some cases, however, a party may seek to have a marriage determined to be invalid by pursuing an annulment. When a person petitions for annulment, they are taking the position that the marriage was…
Should I get a divorce or an annulment? What is the difference? New clients often ask whether they should seek a divorce or an annulment. The answer, unsurprisingly, is, “it depends.” First, it is important to understand the difference between a divorce and an annulment. One way to remember the…
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