Annulment is not commonly understood when ending a marriage versus a relatively clearer comprehension of filing for a divorce. However, not many Texans understand the differences and what it takes to make an annulment happen versus a divorce.

In a divorce situation, the marriage was valid and it is happening as a result of something that took place after the marriage. For instance, adultery or abuse. In an annulment, the marriage was never valid, to begin with, and the marriage never legally existed.

An annulment amounts to a legal case, with the result being an end to a marriage. They are typically granted for several reasons and usually based on facts and reasons that existed before the marriage. If an annulment is granted, it means that, legally speaking, it never happened. While it can be a fairly straightforward process, if you bought property together, gave birth, or became pregnant, things can get complicated.

If there are children involved in the annulment, custody issues need to be resolved, whether the children are adopted or born to you. If you are filing for annulment, you must file a Suit Affecting the Parent-Child Relationship. This resolves issues such as health insurance, visitation, and child support. Filing both when you file for an annulment allows the court to handle all the issues at once.

What qualifies someone for an annulment in Texas?

Various factors qualify someone for annulment in Texas, and they can include the parties or one party being underage, fraud, being impotent, mental incapacity, or concealing information.

To file for an annulment, there is no requirement to have lived in the State for a certain period. Those filing only need to prove that at least one spouse lived in Texas when the annulment petition is filed or produce proof you were married in Texas.

There are also situations where someone may file what is referred to as an annulment lawsuit. A spouse whose marriage fits the parameters for annulment may file an annulment lawsuit, or they may choose to remain married. These marriages are called “voidable.”

Some marriages are not valid under any circumstances in the Lone Star State that are referred to as “void” marriages. A void marriage may be a union between closely related relatives or a situation where one spouse is married to another person.

What are the most common grounds for annulment in Texas?

The most common grounds for annulment are lying about one’s identity, also referred to as fraud, and impotency.

Grounds for Annulment in Texas

In Texas, the grounds for obtaining an annulment, found in the Texas Family Code, Chapter 6, include the following:

• One of the spouses did not possess the mental capacity to agree to the marriage.
• One partner hid the fact they had been divorced before.
• One partner was under the influence of drugs or alcohol when they were married.
• A party to the marriage only proceeded due to force, fraud, or pressure.
• One party to the marriage was younger than 18 years old.
• The union took place less than 72 hours after the partiers got a marriage license.
• A spouse is permanently impotent.
• To file an annulment petition, you must do so in the county where you got married, file in the county where your spouse lived at the time of the marriage, or in the county where the majority of events leading to the wedding took place.
• Once the annulment petition is filed, there is no fixed waiting period to schedule a hearing or have the petition issued. However, there may be a delay depending on how busy the courts are.

While you can get an annulment on your own, it is in your best interests to consult with an experienced family law attorney who can point out issues to be aware of before anything happens. Additionally, if the situation involves children, property, or a retirement plan an annulment can be more complicated than anticipated. Solid legal advice protects you and helps you avoid difficult situations.

Contact the Law Office of Jason Wright

At The Law Office of Jason Wright, our team is passionate about representing your best interests. If you are concerned about a family law matter, we answer all your questions and explain all your legal options. We help you determine whether hiring a family law attorney is beneficial to your situation.

Family lawyer Jason Wright is highly experienced in handling all types of family law matters and is committed to providing effective solutions that work for you and your family. If you are afraid of the impact of a divorce on the children, it is important to note that not all divorces are the same.

Contact the compassionate family attorneys at The Law Office of Jason Wright. To learn more and to schedule a consultation, call us at 512-884-1221 or submit the form on our website.