After days of saying your “I dos” and finishing the ceremony, you might soon realize that it was never supposed to happen. That’s where an annulment comes in.
It renders your marriage void and off the record. Unlike a long-winded separation or divorce, an annulment is quick and clear-cut.
If you have valid grounds, such as fraud, coercion, or being underage, you can file for an annulment in Texas.
Stick around to learn more about the requirements, grounds, process, pros, and cons of getting an annulment in the Lone Star State.
Annulment: An Overview
An annulment is a legal process that voids a marriage. It would be as if you never got married in the first place and counts your marriage record as null.
The legal proceeding tends to get more complicated if children or joint properties are involved in the marriage.
There are two parties involved in an annulment. You have the petitioner, the spouse who files for annulment, and the respondent, the other spouse.
Besides legal annulment, you can also get a religious annulment. It targets your status in the church and can happen after a legal divorce or annulment.
Annulment Requirements in Texas
If you’re trying to get an annulment in Texas, you or your spouse has to fulfill one criterion. Your marriage must’ve happened in Texas, or one of you permanently resides in the state.
After meeting one of the conditions, the petitioner, or the person who wants the annulment, will have to file it at the county where they got married or where one of them lives.
Filing fees usually range depending on which county you live in. On average, you can expect to pay around $300. It might not be the only payment in the process. You may have to consider fees incurred from an attorney and other court processes.
Annulment vs. Divorce
While an annulment and divorce produce the same results of voiding a marriage, they significantly differ. Let’s assume that you’ve gotten married and signed your marriage license but are now having second thoughts about backing out.
Going through an annulment would be like going back in time and voiding the entire matrimony. Meanwhile, a divorce recognizes the validity of the marriage.
For this reason, getting an annulment typically comes from an issue before the marriage where it should’ve never happened.
Is There a Difference Between Declaring a Marriage Void and an Annulment?
Texas has two options for voidable marriages. It’s either the marriages that have grounds for annulment or the ones that are illegal in the state. In the latter’s case, that’s an automatically voided marriage.
These can include bigamous or polygamous marriages, where one marries more than one person at a time.
Another type of voidable marriage is one that involves incest. Those can include marriages to close relatives like aunts, uncles, siblings, nephews, nieces, and even ancestors and descendants.
What Are the Grounds for Annulment in Texas
When it comes to the grounds for annulment, think of it this way. If the marriage was never supposed to happen or a spouse revealed critical information too late, you’re within your rights to void the marriage. Here’s an overview of each ground to consider.
Under the Influence
If one or both spouses were under the influence of drugs or alcohol, they can get an annulment. Being inebriated can heavily affect your reasoning, especially when making a life-changing decision like marriage.
The petitioner must prove that they were under the influence at the time of marriage. Plus, they need to provide evidence that they haven’t lived with the spouse voluntarily after the marriage.
Underage
You have to be at least 18 years old or above to get married alone. Otherwise, you’ll require parental consent or a court order permission, particularly when you’re between 16 and 18 years old.
In terms of who can file the annulment for the underage person, it could be:
- Parent
- Guardian
- Conservator
- Next Friend
They must file the petition to annul the marriage with a time limit of 90 days. Now, should the underage party turn 18 within those days, the annulment can get canceled.
Impotent Spouse
A close relative of mine had this grounds for her annulment. She wanted to build a family with her future spouse. After she married, her then-husband revealed that he couldn’t have children, despite knowing her wishes. She didn’t think twice about the annulment.
In short, to validate this annulment as a petitioner:
- Your spouse was impotent during the marriage.
- You haven’t lived with the spouse voluntarily after knowing about the impotency.
- You were unaware of your spouse’s impotency at the time of marriage.
Mental Issues
One of the spouses may have a mental illness that clouds their judgment or makes them incapable of grasping the nature of a marriage. Consequently, that can offer fairgrounds for annulment.
In this case, the petitioner can be a guardian, parent, conservator, or a “next friend” of the spouse. Like other grounds for annulment, you can’t continue to live with the mentally incapacitated spouse after the marriage.
Waiting Period Violation
In Texas, the waiting period between getting a marriage license and the ceremony is 72 hours. Violating the rule can annul the marriage unless you have a waiver for being in the armed forces, participate in a premarital education course, or have a judge’s permission.
Fraudulent Activity
If the marriage was forced due to coercion, duress, or fraud, it can be annulled. Now, if you become aware of the threat and continue to willingly live with the spouse, getting the annulment will prove more challenging.
In addition, you need to provide strong evidence to back up your argument during court.
Concealing Information
The court recognizes deception as a ground for annulment. For instance, if your spouse conceals that they were previously divorced within a month, that can grant you an annulment.
You need to file for the separation as soon as you find out the truth. Otherwise, living with the spouse afterward can hurt your chances of getting the annulment finalized.
What Is an Annulment’s Time Limit in Texas
Annulments in Texas have a specified 30-day time limit. That means you can no longer request it if your marriage has passed a month.
If you go past that, you’ll have to file for a divorce instead. Now, there are other rules in terms of annulment time limits.
Let’s assume that your ground for annulment was that your spouse violated the 30-day waiting period for remarriage after divorce. In this case, you can file the annulment within a year after the marriage.
In another scenario where the marriage violated the 72-hour waiting period rule, your time limit to get the annulment is 30 days after the marriage.
How to Get an Annulment in Texas
Getting an annulment in Texas is a straightforward process. Check out our steps below to guide you through the process.
Step 1: Recognize the Requirements
Before you get the annulment, you need to ensure that your grounds are valid enough. Whether it’s from intoxication, fraudulent activity, or deception, your reasoning has to be strong.
On top of that, you need to fulfill the requirements of either being married in Texas or one of you must be living in Texas at the time of filing the annulment.
Step 2: Petition for the Annulment
As the petitioner, you need to file for the annulment in the county where you got married or where one of you lives. You’ll want to fill out a document titled “Petition to Annul Marriage.”
You can contact the county clerk’s office to know where to receive the document. The petition will serve as an application for the court to review. You’ll want to provide essential information regarding your grounds.
Ensure that the document includes you and your spouse’s full names and the dates for when:
- The marriage took place
- You stopped living with the spouse
Step 3: File the Documents
Once you’ve filled out the form, make two other copies. Take them all to court and allow the clerk to stamp them.
Your spouse should then sign a Waiver of Service that recognizes their awareness of the annulment. It also proves that they won’t go against the annulment proceedings.
Lastly, you’ll both fill out the Decree of Annulment and sign it.
Step 4: The Court’s Decision
After filling out the forms and submitting them, the court may take a few weeks to respond with an answer.
They’ll provide a scheduled time to come. During that time, your assigned judge will sign the documents, and you’ll give them to the clerk for filing.
Now, if you’ve gotten a negative response, you can go a step further and file for a jury trial.
Why You Should Get an Annulment in Texas
Rather than entering a messy, stretched divorce, an annulment offers a cleaner cut from your spouse. Check out some benefits of getting your marriage annulled below:
Debt Division
Any debt accumulated after the marriage will be split evenly among the annulled parties. It helps keep the financial burden evenly distributed.
Voiding a Prenup
If you’ve agreed to a prenup at the time of marriage, an annulment will void this agreement. It only applies if you’re getting a divorce.
Property Share
Once you’ve qualified for the annulment, you can rest easy about your property ownership. Every estate will go back to its rightful owner like it used to be before you got married.
No Waiting Period
Unlike divorce, you don’t have to wait long periods to get an annulment. A judge can terminate the marriage after you file your request. Meanwhile, with divorce, you’ll have to wait at least six months before a judge can offer their standing.
No Minimum Residence
You don’t need a minimum residence or cohabitation period when filing for an annulment. Quite the opposite, you’ll need to ensure that you don’t live with the spouse after recognizing the need for annulment, regardless of the grounds.
Financial Support
As a putative spouse, if you had genuinely thought your marriage was legit, you might qualify for spousal support and attorney fee grants.
What to Consider Before Getting an Annulment in Texas
After knowing some of the benefits associated with getting an annulment in Texas, it’s time to go through essential considerations or drawbacks.
Finding Proof
Finding evidence for your grounds of annulment can prove challenging, depending on your case. For instance, I had a friend who was unaware of her spouse’s mental incapacity during their marriage.
Shortly after discovering the issue, she had to consult a family lawyer and prepare multiple mental health records and evaluations to substantiate her case.
High Probation
If there’s a fault or issue in the annulment’s proceeding, it can cost you the case, and you’ll have to resort to divorce.
Annulment cases are usually under high scrutiny from the court and if issues occur, they can affect the results, whether it involves how your property shares are split or if you get spousal support and attorney fee grants.
Property Considerations
If both of you were putative or believed the marriage was legit, then that could affect your property division. The court can potentially list the property as a quasi-marital property, which can treat the estate as a community property or equally shared.
Key Takeaways
Trying to get an annulment in Texas? Fortunately, it’s an option, but you’ll have to meet certain requirements. The grounds of the annulment have to comply with Texas law, including being under the influence or underage.
Plus, the marriage has to be in Texas or one of you has to be a permanent resident of the state. After meeting those needs, you can start the process as a petitioner and start filing for the annulment documents, signing them, and going to court to finalize the decision. And just like that, the marriage never happened.
