In Texas, marriage annulment is a legal process that declares a marriage invalid, as if it never happened. Unlike divorce, which ends a legally valid marriage, annulment is only granted under specific circumstances.
If you believe your marriage qualifies for annulment in Texas, this guide will walk you through the legal requirements, necessary steps, and important considerations.
1. Understanding Marriage Annulment in Texas
An annulment is a court order that officially declares a marriage void or voidable. This means the marriage was never legally valid due to certain factors present at the time of the wedding.
Difference Between Annulment and Divorce
✔ Annulment: Declares the marriage never legally existed.
✔ Divorce: Legally ends a valid marriage.
To qualify for annulment, specific legal grounds must be met. Let’s explore what makes a marriage eligible for annulment in Texas.
2. Legal Grounds for Annulment in Texas
Texas law allows annulments for specific reasons. You must prove at least one of these grounds to have your marriage annulled.
A. Underage Marriage
If one spouse was under 18 years old at the time of marriage and did not have parental or court approval, the marriage may be annulled.
✔ The petition can be filed by a parent or guardian.
✔ If the underage spouse reaches 18 and continues the marriage, annulment may not be possible.
B. Intoxication at the Time of Marriage
If one spouse was intoxicated by drugs or alcohol and could not legally consent to the marriage, annulment is possible only if they did not voluntarily live with their spouse after sobering up.
✔ Must prove that intoxication impaired judgment at the time of marriage.
C. Fraud, Duress, or Force
A marriage can be annulled if one spouse was tricked, deceived, or forced into it.
✔ Examples of fraud: Lying about identity, hidden criminal history, or false claims about the ability to have children.
✔ The deceived spouse must stop living with their partner after discovering the fraud.
D. Impotence or Inability to Consummate the Marriage
If one spouse is permanently unable to have sexual relations and the other spouse did not know before marriage, annulment may be granted.
✔ Must prove the condition existed before the marriage.
✔ The marriage cannot continue after discovering the issue.
E. Mental Incapacity
If one spouse lacked the mental capacity to understand the marriage due to a medical condition, annulment is possible.
✔ The incapacitated spouse’s guardian may file for annulment.
✔ If the spouse regains capacity and chooses to stay in the marriage, annulment is no longer an option.
F. Concealed Divorce
If one spouse concealed a recent divorce (within 30 days before the new marriage), the other spouse can request annulment.
✔ The petition must be filed within one year of discovering the previous divorce.
G. Marriage Occurred Too Soon After Divorce
In Texas, a person must wait at least 30 days after a divorce before remarrying. If a marriage occurs within this waiting period, it can be annulled.
✔ Annulment is not possible if both spouses agreed to continue the marriage after the 30-day period ended.
H. Incestuous or Bigamous Marriage
Some marriages are automatically void in Texas and do not require an annulment petition:
✔ Incestuous marriage (marrying a close relative).
✔ Bigamous marriage (marrying someone who is already legally married).
For bigamy, the marriage becomes valid if the first marriage legally ends and both spouses agree to stay together.
3. Steps to Get a Marriage Annulled in Texas
If you meet any of the legal grounds for annulment, follow these steps to file for annulment in Texas.
Step 1: Determine Eligibility
✔ Ensure your situation meets Texas annulment laws.
✔ Collect evidence (documents, witness statements) to support your case.
Step 2: File an Annulment Petition
✔ File a “Petition to Annul Marriage” with the district court in the county where either spouse lives.
✔ Pay the filing fee (varies by county, typically 400).
✔ If you can’t afford the fee, request a fee waiver from the court.
Step 3: Serve the Other Spouse
✔ The other spouse (respondent) must receive legal notice of the annulment case.
✔ This can be done through a process server, sheriff, or certified mail.
✔ If the spouse cannot be found, you may request alternative service methods.
Step 4: Attend a Court Hearing
✔ The court will schedule a hearing where you must prove the grounds for annulment.
✔ The judge will review evidence, testimony, and legal arguments.
✔ If the judge agrees that the marriage is invalid, an annulment order is granted.
4. How Long Does Annulment Take in Texas?
Annulments generally take less time than divorce because there are no issues like property division or spousal support.
✔ If both spouses agree, an annulment may take a few weeks to a few months.
✔ If the other spouse contests the annulment, the process could take several months or longer.
5. Effects of an Annulment in Texas
Once an annulment is granted:
✔ The marriage is legally considered never to have existed.
✔ There is no division of property, unless children or joint assets are involved.
✔ If children were born during the marriage, they are still considered legitimate, and custody/support must be determined.
6. When to Seek Legal Help
While annulment is simpler than divorce, legal challenges may arise. You should consult a family law attorney if:
✔ Your spouse disputes the annulment.
✔ You need to prove fraud, force, or deception.
✔ You need help with child custody or financial matters.
An attorney can help ensure your case meets Texas legal requirements and increase the chances of a successful annulment.
Getting a marriage annulled in Texas is possible if your situation meets the legal grounds for annulment. Whether the issue is fraud, force, intoxication, mental incapacity, or underage marriage, the process involves filing a petition, proving your claim, and attending a court hearing.
By following the proper steps and seeking legal help when needed, you can successfully annul your marriage and move forward with your life.