Annulment in Texas

Is an annulment the same as a divorce? While both end a marriage, a Texas annulment does something very different—it wipes the slate clean as if your marriage never legally existed. But what exactly is a marriage annulment in Texas, and how do you get one? We provide an overview of a Texas annulment, including the process for filing for one.

What Is an Annulment?

A Texas annulment treats the marriage as if it never happened, erasing any legal standing it once had. Unlike divorce, which ends a valid marriage, an annulment declares the marriage was never legally valid. If you’re considering an annulment, it’s essential to understand the specific grounds that qualify and the process outlined by Texas law. 

What Are the Grounds for a Texas Annulment?

Texas law provides specific grounds under which you can petition for an annulment, which include:

  • Underage marriage—if one spouse is under 18 at the time of the marriage;
  • Impaired consent—if one spouse was under the influence of drugs or alcohol, and therefore lacked the capacity to consent to the marriage, and the other spouse has not voluntarily lived with the impaired spouse since the effects of the drugs or alcohol ended;
  • Fraud or duress—if one spouse used fraud, force, or duress to induce the other spouse into the marriage and the spouses have not voluntarily lived together since the other spouse learned of the fraud or was released from duress or force;
  • Impotency—if one spouse is permanently impotent,  the other spouse was unaware of the impotency at the time of the marriage and has not voluntarily lived with their spouse since learning of the impotency; or
  • Concealed divorce—if one spouse was divorced from someone else within 30 days of the marriage ceremony, the other spouse did not know of the divorce, the spouses have not voluntarily lived together since discovering the divorce, and suit is brought before the first anniversary of the marriage. 
  • Marriage less than 72 hours after issuance of marriage license—if the marriage ceremony occurred 72 hours or less after the spouses received their marriage license and the spouses have not been married for more than 30 days. 
  • Mental Incapacity—if one spouse was mentally incapable of consenting to the marriage, the other spouse did not know of the mental incapacity, and the spouses have not voluntarily lived together since learning of the incapacity or having the capacity to recognize the marriage relationship. 

The process for filing an annulment in Texas is more complex than divorce. You cannot seek an annulment simply because you regret getting married. You must meet the specific grounds set out above to file an annulment in Texas, as opposed to a non-fault based divorce, which anyone in Texas can file. 

How to Get an Annulment in Texas?

If you meet one or more legal grounds for an annulment in Texas, you must follow a particular legal process. Here’s a step-by-step guide on how to get an annulment in Texas.

Filing a Petition

You may file the annulment petition in the county (1) the county where you were married, (2) where your spouse resided at the time you were married, or (3) if the first two scenarios are inapplicable, in the county where you resided at the time you were married. The petition should clearly state the legal grounds for annulment. A Texas family law attorney can advise you which courts handle annulment cases in the particular county.

Serving Your Spouse

After filing, you must have your spouse formally served with a copy of the annulment petition. This allows them to respond to the allegations and appear in court.

Trial

Both spouses must attend a final trial where the judge will determine whether the grounds for annulment are legally valid. You will need to provide evidence or testimony to support your case.

Final Judgment

If the court is satisfied with the evidence, a final judgment of annulment will be issued, officially declaring the marriage null and void. 

This process is similar to a divorce. The biggest difference is that the court recognizes the marriage as invalid instead of dissolving a valid marriage. Also, unlike a divorce, there is no mandatory 60-day waiting period between the time a suit for annulment is filed and the time a final judgment can be entered.

Annulment laws can be complicated, and one misstep could cost you both time and money. Working with an experienced family law attorney will help you avoid delays and pursue the right path for your unique situation, whether it be annulment or divorce.

Are There Time Limits to File for Annulment?

Yes, there are specific statutes of limitation for filing an annulment in Texas, depending on the specific grounds:

  • Underage marriage—suit must be filed by the spouse within 90 days after the marriage. If a suit is brought by a parent, managing conservator, or guardian, it must be filed before the child’s 18th birthday.
  • Concealed divorce—suit must be filed before the first anniversary of the marriage. 
  • Marriage less than 72 hours after issuance of marriage license—suit must be filed within 30 days after the marriage.

Acting quickly can be the key to success in your annulment case. If you wait too long, you may lose your opportunity to annul your marriage.

Need Assistance with Your TX Annulment? We Can Help.

If you’re unsure whether an annulment is the right option for your situation or need help understanding the legal process, the dedicated team at Stout Law Firm, PLLC, is here to help. As experienced Houston family law attorneys, we take pride in handling your family matters with care and dedication. Contact us today to discuss your options.