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Annulment in Texas is a legal process that declares a marriage null and void, as if it never lawfully existed. Unlike a divorce, which terminates a valid marriage, an annulment asserts that the marriage was never legally binding due to specific legal grounds. Annulments can be more complex than divorces because they require proof that certain circumstances existed at the time of the marriage that rendered it invalid under Texas law.
Seeking an annulment involves navigating complicated legal requirements and presenting convincing evidence to the court. People may require legal help with annulment in the following situations:
An experienced lawyer can assess your eligibility, prepare the necessary paperwork, represent you in hearings, and protect your legal and financial interests throughout the process.
Texas law provides specific statutory grounds on which an annulment can be granted. These grounds are found in the Texas Family Code, and prove that the marriage was never valid from the beginning. The most common legal grounds include:
Unlike divorce, annulment is only possible under these narrow circumstances. The petitioner has the burden of proof, and timing is often crucial. In some cases, living together after discovery of the facts that justify annulment may result in a waiver of the right to annulment.
An annulment declares a marriage invalid as if it never legally existed, while a divorce ends a valid marriage. Annulment is only granted for specific legal reasons present at the time of marriage.
Grounds for annulment include underage marriage, bigamy, incapacity due to alcohol or drugs, fraud or duress, undisclosed permanent impotency, mental incapacity, and violation of the 72-hour waiting period rule.
Annulment in Texas is not based on the length of the marriage. Eligibility depends on whether specific legal grounds existed at the time of marriage.
Yes, even if a marriage is annulled, the court can make orders about child custody, visitation, and child support based on the children’s best interests.
The court may still divide property and debts acquired during the marriage, depending on the circumstances and whether the marriage was entered into in good faith.
Some grounds for annulment have specific time limits. For example, underage annulments must generally be sought before the underage spouse turns 18. Consult a lawyer to determine if you are within the appropriate timeframe.
Once the court issues a final order of annulment and addresses any issues such as property or children, you are generally free to remarry.
No, both spouses do not have to agree, but the court must find sufficient legal grounds for annulment. If contested, a judge will make the decision after a hearing.
Non-consummation is not by itself a ground for annulment in Texas, but permanent and undisclosed impotency can be.
You start by filing a “petition to annul marriage” in the proper Texas court. You must state the legal grounds and present evidence. Consulting with a lawyer before filing can help ensure your case is properly prepared.
If you need information or assistance related to annulment in Texas, consider these resources:
If you believe you may qualify for an annulment in Texas, consider the following steps:
Every annulment case is unique, and professional legal advice can make a significant difference in the outcome. Taking prompt and informed action will help protect your interests and guide you toward the right solution for your situation.
