An annulment is a legal procedure that declares a marriage null and void, as if it never existed. In Texas, annulments are granted for specific reasons such as fraud, duress, underage marriage, or mental incapacity at the time of marriage.
While relatively rare (less than 1% of marriage dissolutions in Texas), annulments provide an alternative to divorce in certain situations.
If you’re unsure whether you can get one and want advice, contact our Texas Family Lawyers online for a more thorough case evaluation.
Annulments in Texas 101
An annulment is a legal declaration that a marriage was invalid from the beginning. Unlike a divorce, which ends a valid marriage, an annulment essentially erases the marriage from a legal standpoint.
In Texas, the law distinguishes between “void” marriages (automatically invalid under the law) and “voidable” marriages (valid until proven otherwise). Void marriages include those involving close relatives or where either party was already married. Voidable marriages require court intervention to be declared invalid.
According to the Texas Family Code Chapter 6, Subchapter B, specific grounds must be met to qualify for an annulment, and the burden of proof falls on the person requesting it.
Grounds and Legal Requirements for an Annulment Here
To obtain an annulment in Texas, you must prove one of the following grounds:
| Ground for Annulment | Description | Time Limitation |
|---|---|---|
| Underage | One spouse was under 18 and didn’t have parental consent or court approval | Must file before the underage party turns 18 |
| Under influence | Person was under influence of alcohol/drugs and couldn’t consent | Must file within 30 days of marriage |
| Impotence | Permanent and incurable physical inability to consummate the marriage | No specific time limit |
| Fraud or duress | Marriage was induced by fraud, duress, or force | Must file within 4 years of discovering fraud |
| Mental incapacity | Lack of mental capacity to consent to marriage | Must file within 1 year |
| Concealed divorce | Other party concealed a divorce finalized within 30 days before marriage | Must file within 1 year |
| Marriage within 72 hours | Marriage occurred within 72 hours of license issuance | Must file within 30 days |
Texas Annulment Requirements:
- You or your spouse must live in Texas for at least 6 months before filing
- You must file in the county where either you or your spouse resides
- You must meet the specific criteria for one of the grounds listed above
- You must file within the time limitations for your specific ground
Annulment vs. Divorce in Texas: What's the Difference?
Getting to know the key differences between annulment and divorce can help you decide which option is right for your situation:
Legal Status:
- Divorce: Ends a valid marriage
- Annulment: Treats the marriage as if it never legally existed
Timing:
- Divorce: No time constraints on when you can file
- Annulment: Strict time limitations depending on grounds
Property Division:
- Divorce: Community property laws apply
- Annulment: Less clear property division since the marriage is considered invalid
Legal Process:
- Divorce: Requires a 60-day waiting period in Texas
- Annulment: Can potentially be completed faster if uncontested
When an annulment might be preferable:
- For religious reasons where divorce is not accepted
- When the marriage duration was very short
- When you want to legally establish that the marriage was invalid from the start
- To avoid the stigma some associate with divorce
- When one party was deceived or coerced into the marriage
How to File for an Annulment in Texas
Filing for an annulment in Texas involves several important steps:
1. Prepare and File Documents
- Complete an Original Petition to Annul Marriage
- Include details about grounds for annulment
- File in the district court of the county where either spouse resides
- Pay filing fees (approximately $250-350 depending on county)
2. Serve Your Spouse
- Provide legal notice to your spouse about the annulment petition
- This can be done through a process server, sheriff, or constable
- Your spouse has approximately 20 days to file an answer
3. Attend the Hearing
- Present evidence supporting your grounds for annulment
- This may include witness testimony, documentation, or other evidence
- Be prepared to answer questions from the judge
4. Finalize the Annulment
- If approved, the judge will sign the Decree of Annulment
- File the decree with the court clerk
- Obtain certified copies for your records
Documentation typically needed:
- Marriage certificate
- Birth certificates (especially for underage cases)
- Evidence supporting your grounds for annulment
- Proof of Texas residency
How Long Do You Have to Get an Annulment?
Time limitations for filing an annulment in Texas vary depending on the grounds:
- Underage marriage: Before the underage spouse turns 18
- Under influence: Within 30 days of the marriage
- Fraud or duress: Within 4 years of discovering the fraud
- Mental incapacity: Within 1 year of the marriage
- Concealed divorce: Within 1 year of the marriage
- Marriage within 72 hours: Within 30 days of the marriage
- Impotence: No specific time limit, but should file promptly
Unlike divorce, which has no time restrictions, annulment cases must be filed within these specific timeframes or you may lose your right to an annulment.
Is It Hard to Get an Annulment in Texas?
Getting an annulment in Texas is challenging for a number of reasons:
- Burden of Proof You must provide clear evidence of your grounds for annulment. This often requires substantial documentation or testimony.
- Time Limitations The strict deadlines for filing can make it difficult if you’ve discovered grounds after the time period has passed.
- Court Discretion Judges have significant discretion in annulment cases. Even with evidence, the court may still deny your petition.
Costs of Seeking an Annulment
The financial aspects of seeking an annulment in Texas include:
Filing and Court Costs:
- Filing fees: $250-350 (varies by county)
- Service of process: $50-100
- Certified copies of court documents: $10-25 each
Attorney Fees:
- Uncontested annulments: $1,500-3,000
- Contested annulments: $3,000-10,000+
- Most attorneys require a retainer upfront
Additional Potential Expenses:
- Expert witness fees (if needed)
- Document preparation costs
- Travel expenses for court appearances
- Lost wages from time off work
Many factors affect the total cost, including:
- Whether your spouse contests the annulment
- Complexity of your case
- Attorney’s experience level
- Geographic location within Texas
Why Hiring our Texas Family Law Attorney Matters
Managing the annulment process in Texas without legal representation can be risky:
- Legal Complexities Texas family law contains numerous procedural requirements and deadlines. Missing even one could result in your case being dismissed.
- Evidence Gathering Proving grounds for annulment often requires specific evidence that attorneys know how to obtain and present effectively.
- Court Representation Having our experienced attorney present your case increases the likelihood of a favorable outcome, especially if your spouse contests the annulment.
- Protection of Rights our attorney ensures your interests are protected regarding property division, support, and other matters that may arise.
At the Law Offices of Richard C. McConathy, we bring over 35 years of experience in Texas family law, including numerous successful annulment cases. Our attorneys understand the nuances of Texas annulment law and will guide you through each step of the process.
Ready to Move Forward? Contact a Texas Family Law Attorney Today
Don’t manage the complex annulment process alone. The experienced family law attorneys at the Law Offices of Richard C. McConathy will help you understand your options and develop a strategy tailored to your specific situation.
Schedule a consultation today by calling (888) 978-2756 to discuss your annulment case with our experienced legal team.
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FAQs About Getting an Annulment in Texas
Can you get an annulment in Texas?
Yes, Texas law allows for annulments under specific circumstances outlined in the Texas Family Code. You must meet one of the legal grounds such as fraud, underage marriage, or mental incapacity, and file within the applicable time limitations.
What qualifies you for an annulment in Texas?
Qualifying grounds include: being under the influence of alcohol/drugs at the time of marriage, fraud or duress, underage marriage without proper consent, impotence, mental incapacity, concealment of a recent divorce, or marriage within 72 hours of license issuance.
How long after marriage can you get an annulment in Texas?
Time limitations vary by grounds: 30 days for marriages performed within 72 hours of license issuance or cases involving intoxication; 1 year for mental incapacity or concealed divorce cases; 4 years for fraud cases; and before turning 18 for underage marriages.
Is an annulment easier than a divorce in Texas?
An annulment is typically more difficult to obtain than a divorce because you must prove specific grounds and meet strict time limitations. Divorce in Texas only requires “insupportability” (irreconcilable differences) and has no time constraints for filing.
Can I file for an annulment online in Texas?
While some Texas counties allow electronic filing of court documents, the complete annulment process cannot be conducted entirely online. You’ll need to appear in court for a hearing, and having professional legal representation is strongly recommended given the complexities involved.