People often wonder how long can you be married and still get an annulment in Texas when considering whether their situation qualifies. In Texas, it depends on the reason why you are seeking an annulment. A marriage that is subject to annulment is voidable, which means it is a valid marriage until a party is granted an annulment. Once an annulment is granted, the marriage is void, meaning it is considered never to have existed. However, if an annulment is not granted, the marriage is considered valid indefinitely. Texas law sets out different time frames when a suit for annulment must be filed, depending on the ground for annulment. However, a couple may not be granted an annulment if they continue to live together after discovering the issue or ground that makes the marriage voidable.
At The Stout Law Firm, PLLC, we work with clients seeking annulment, divorce, and more. Our firm is located in Houston, Texas, we exclusively practice family law and offer our clients straightforward, compassionate guidance. Our team of dedicated family law attorneys helps clients understand their rights, assess their options, and move forward with confidence and clarity.
What Is an Annulment?
Divorce ends a legally recognized marriage, while an annulment legally treats the marriage as though it never existed. A suit for annulment is brought when there has been some legal impediment to the creation of a valid marriage. An annulment is based on premarital causes rather than postmarital causes. Compared to divorce, annulments:
- Declare the marriage invalid from the beginning, so you were never technically married, while a divorce ends a valid marriage;
- Require proof of circumstances to satisfy specific legal grounds, while divorce can be granted based on either no-fault or fault-based grounds; and
- Can address property division, child custody, and child support, but cannot involve spousal maintenance.
An experienced family law attorney can help you make the right choice based on your situation.
Voidable Marriages in Texas
Texas law allows courts to annul voidable marriages, which were invalid when they occurred but can later become valid. Specifically, spouses can make voidable marriages valid by continuing to live together as a married couple after discovering the impediment. A party to a voidable marriage may seek an annulment. Texas law recognizes the following grounds for annulment.
Underage Marriage
You may qualify for an annulment if one spouse was 16 or older but under the age of 18 and married without parental consent. A petition for annulment under this ground may be filed by a next of friend for the benefit of the underaged party, a parent, or a managing conservator or guardian of the underage party. The couple may validate the marriage by living together as a married couple after both partners are 18 or older. A suit for annulment under this ground must be filed by a parent, managing conservator, or guardian of the person before their 18th birthday. A next of friend must file a suit for annulment within 90 days of the marriage.
Intoxication
A marriage may be annulled if one spouse was under the influence of drugs or alcohol at the time of the marriage and as a result, did not have the capacity to consent to the marriage. The marriage can become valid if the spouses voluntarily lived together after one or both spouses are no longer intoxicated. If the spouses do not voluntarily cohabitate, a suit for annulment must be brought before the death of a spouse.
Impotence
A marriage may be annulled if the other spouse was permanently impotent at the time of the marriage and the other spouse did not know of the impotency at the time of the marriage. The marriage may become valid if the spouses voluntarily lived together after learning of the impotency. If the spouses do not voluntarily cohabitate, a suit for annulment must be brought before the death of a spouse.
Fraud, Duress, or Force
A person may request annulment if a party used fraud, duress, or force to induce the other party into the marriage. Voluntarily cohabitating after learning of the fraud or being released from the duress or force would prevent annulment. These annulments typically depend on whether the spouse’s continuing to live with the wrongdoer was truly voluntary.
Mental Incapacity
A marriage may be annulled if a spouse lacks the mental capacity to consent to the marriage or to understand the nature of the marriage. Suits for annulment based on mental incapacity can continue and be brought after the death of a spouse in certain situations.
Concealed Divorce
A spouse can request annulment if:
- A spouse divorced a third party within 30 days of the marriage,
- The first spouse did not know about the divorce at the time of marriage; and
- Since learning of the divorce, the spouse has not cohabitated with the other spouse.
This ground is only available if a request for annulment is filed within one year of the date of marriage.
Violation of the 72-Hour Waiting Period
Texas requires couples to wait 72 hours after receiving a marriage license before marrying. If the couple marries too soon, the marriage can be annulled. This annulment ground is only available if you file within 30 days of the marriage.
What is a Suit to Declare a Marriage Void?
A void marriage is not and cannot become legally valid. Whereas a voidable marriage is invalid initially, but the spouses can convert it into a valid marriage. A party to a void marriage may file a suit to declare their marriage void.
Void Marriages in Texas
Like a suit for annulment, a suit to declare a marriage void is brought when there has been some legal impediment to the creation of a valid marriage. However, unlike a suit for annulment, the legal impediment in a suit to declare a marriage void cannot be cured or waived by the parties to the marriage. A void marriage has no legal effect at any time. Even if a marriage is declared void, most of the same relief award in a divorce can be awarded in a suit for annulment. In Texas, you ask the court to declare that the marriage is void, rather than asking for an annulment of a void marriage. Suits to declare a marriage void are not common. There are four grounds to declare a marriage void in Texas. There is no time limit for bringing an action to declare a marriage void. Unlike suits for divorce and most suits for annulment, a marriage can be declared void after the death of a party to the marriage because there is no deadline to challenge their validity.
Bigamy
A marriage is void if, when the marriage is entered into, either party has an existing marriage to another person that has not been dissolved by death, divorce, or annulment. The marriage cannot become valid.
Incest
A marriage is void if one party to the marriage is related to the other as:
- An ancestor or descendant (i.e. parents or grandparents and children or grandchildren);
- A brother or sister;
- An aunt or uncle; or
- A niece or nephew.
These limitations apply to those related by whole or half blood or by adoption.
Marriage to Stepchild or Stepparent
A marriage is void if a party to the marriage is a current or former stepchild or stepparent of the other party.
Underage Marriage
A marriage is void if a party to the marriage is under 18 at the time of the marriage and has not obtained a court order from Texas or another state removing the person’s disabilities of minority for general purposes.
So, How Long Can You Be Married and Still Get an Annulment in Texas?
While a suit to declare a marriage void is always an option in void marriages, Texas law does not provide a specific time limit for most annulments of voidable marriages, except concealed divorces (one year) and violation of the waiting period (30 days). Crucially, you can lose your right to annul a marriage by continuing to live with your spouse after discovering a qualifying issue. If you act quickly after discovering the problem, you may still be eligible to annul your marriage even if months or years have passed.
Talk to a Houston Family Law Attorney About Your Annulment Options
If you want to know how to annul a marriage, The Stout Law Firm, PLLC can help. Based in Houston, we represent clients in all types of family law matters, from annulments and divorces to custody disputes and property division.
Our attorneys provide honest, straightforward advice and compassionate guidance to help you make informed choices for your future. Whether you pursue an annulment, a suit to declare your marriage void, a divorce, or other family law matter, we are committed to helping you and your family. Contact The Stout Law Firm, PLLC today to schedule a consultation today.
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