Annulment in Texas: Complete Guide to Texas Annulment Rules
Are you considering ending your marriage in Texas but feel that divorce isn’t quite right for your situation? An annulment could be the answer. In Texas, an annulment isn’t just about ending a relationship—it’s about having a marriage legally deemed invalid, as if it never happened at all.
What’s the Difference Between Annulment and Divorce?
- Divorce ends a legally recognized marriage.
- Annulment is different: it means the marriage was never legally valid in the first place under Texas law.
Why does this matter?
An annulment works differently than a divorce when it comes to property assets, handling debt, and spousal support. Even though an annulment erases the marriage, Texas courts can still issue orders about children, property, and debts. The goal is typically to restore both people to their financial and legal positions from before the marriage.
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Legal Reasons for an Annulment in Texas
Texas law allows annulments only for specific reasons—called “grounds.” You’ll need to show proof that one or more of these applied at the time you got married:
1. Underage Marriage
- If one spouse was 16 or 17 and got married without parental consent or a court order, annulment is possible.
- Time Limit: You must file before the underage person turns 18.
2. Intoxication at the Ceremony
- If you (or your spouse) were too drunk or high to understand you were getting married, you can file for annulment.
- You cannot have continued living together after sobering up.
3. Permanent Impotence (Not Revealed Before Marriage)
- If your spouse was permanently impotent and you didn’t know this before the marriage, you may qualify for annulment.
- Important: Living together after you find out may hurt your case.
4. Fraud, Duress, or Coercion
- If the marriage happened under lies, force, threats, or pressure, annulment is an option.
- If you stayed together after learning the truth or after the threat was gone, you might not qualify.
5. Mental Incapacity
- If a spouse didn’t understand what marriage meant because of a mental condition at the time of the wedding, annulment is possible.
- Living together after regaining capacity can block your claim.
6. Undisclosed Recent Divorce
- If your spouse was divorced from someone else within 30 days before your marriage—and you didn’t know—you can file for annulment.
- Time Limit: File within one year of the wedding.
7. Violation of the 72-Hour Waiting Period
- Texas law requires a 72-hour wait between getting a marriage license and having the ceremony.
- If you married too soon, you can request an annulment, but you must file within 30 days.
“Void” Marriages in Texas
Texas law cancels marriages when it determines the spouses are close relatives. It also voids marriages if it finds that one person is still married. This is different from an annulment, but it’s important to know if it applies to you.
Residency Rules
In Texas, you don’t need to live in the state for six months before filing for an annulment, unlike a divorce. You can file if you married in Texas or if either spouse currently lives there.
How to Get an Annulment in Texas: Step-by-Step
1. Make Sure Texas Has Jurisdiction
- You got married in Texas, or
- Either you or your spouse currently lives in Texas.
- File in the county where you married, where most of your relationship happened, or where your spouse lived at the time.
2. File Your Petition
- Prepare and file an “Original Petition for Annulment.”
- Explain why you want an annulment and what you want the court to decide (property, debts, name changes, custody, etc.).
- Texas courts have forms to help you start.
3. Serve Your Spouse
- A constable, sheriff, or process server will deliver the papers.
- Alternatively, your spouse can sign a notarized waiver if they agree.
4. Wait for a Response
- Your spouse has time to answer. If they don’t respond, you can move forward by default after the appropriate waiting period.
5. Temporary Orders (If Needed)
- If you need court help while the annulment is pending—for bills, living arrangements, or child custody—you can request temporary orders.
6. Court Hearing
- Bring evidence, documents, and witnesses to support your case.
- You’ll need to prove your grounds for annulment to a judge.
7. Final Order
- If the judge agrees, you’ll receive a signed order annulling the marriage.
- At this point, you are legally restored to your status before the wedding.
Final Thoughts
Annulment can offer a clean break if your marriage qualifies under Texas law, but it isn’t the right option for everyone. The process does have strict grounds, deadlines, and doc requirements. If you’re unsure, talking with a Family Law Attorney can help you understand your options, protect your rights, and guide you through the process with confidence! Call Graham Family Law for strong legal support in San Antonio!
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