An annulment is a legal procedure in both secular and religious legal systems that declares a marriage null and void. Annulments in Texas are available on a limited basis but may be available as an option under several different scenarios.
Under certain circumstances, a Texas court can declare your marriage invalid, which is called an annulment. Divorces and annulments in Texas are based on two opposing ideas concerning marriage.
The Texas Family Code sets forth how you can qualify for an annulment.
According to Tex. Fam. Code Chapter 6, you may qualify for an annulment if one of the following seven scenarios applies to your marriage:
Each of these statuses has a different statute of limitations, or deadlines, by which you have to file for the annulment to qualify. If you do not file within that time period, then you will have to file for divorce to dissolve your marriage.
In addition to the above guidelines, the Courts will ask the following question in determining whether or not an annulment should be granted.
Did you and your spouse continue to live together after:
If you continued to reside with your spouse after meeting one of the qualifications, a Court must deny your request for an annulment. If you don’t qualify for an annulment, you can always file for divorce or a suit to declare the marriage void, depending on your circumstances.
There are many similarities between a divorce and an annulment in Texas. For example, in an annulment, the property acquired during the then marriage is subject to division by the Court. According to Tex. Fam. Code Chapter 7, the Court shall divide the property of the parties in a manner that the Court deems just and right.
The Court can also confirm any separate property, property acquired before the marriage or during the marriage by gift or inheritance, to the spouses.
Another similarity to divorce is either spouse can ask the court for a name change to reflect a name previously used. If a Court denies this request, the Court must state the reason for the denial.
They still exist! If you and your spouse have children, the Court will issue orders for conservatorship, possession and access, child support, and health insurance. The Courts will require you to file a Suit Affecting the Parent-Child Relationship in addition to the Original Petition to Annul Marriage.
One difference between an annulment and a divorce is the ability to request spousal support. The Texas Family Code does not allow for spousal support in annulment cases.
If you believe you qualify for an annulment, then you will file an Original Petition to Annul Marriage in the district clerk’s office in the county:
It is important to remember that you won’t be able to qualify for an annulment if you and your spouse have cohabited/lived together after the qualifying incident has occurred. There are also other statutes of limitations that may apply in the following situations:
A qualified family attorney can help you determine the best steps for your situation. We represent clients in the following counties:
We have board-certified attorneys on our staff who specialize in family law. Let our team protect you and your children.
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