Love and marriage don’t always have a happy ending, and sometimes, things just don’t work out the way we hoped. If you’re in Texas and considering ending your marriage, you might be wondering about annulment. It’s not a one-size-fits-all approach to ending a marriage, but it might be the right option for you.
An annulment basically says, “This marriage never happened.” It’s like hitting the reset button. But there are specific reasons why you can get an annulment in Texas, like if there was fraud, hidden secrets, or other major issues.
In this blog, our Bryan, Texas divorce and family law lawyers will break down everything you need to know about annulment in Texas. We’ll cover the legal grounds on which the courts will grant an annulment, the steps involved, and how having an experienced law firm like C.E. Borman & Associates in your corner can make all the difference.
Whether your marriage is brand new or you’ve been married for a while, understanding annulment is key if you’re thinking about ending things. Our goal with this blog is to help you get the info you need to make the best decision for your future.
What is an Annulment?
A marriage annulment is a legal finding that declares a marriage invalid based on certain grounds that vary from state to state.
A legal annulment is also different from a religious annulment. A religious annulment speaks only to your status in your church. However, the state of Texas does not legally recognize a religious annulment. It is possible under certain circumstances to receive both a legal annulment and a religious annulment.
The biggest difference between a divorce and an annulment is that a divorce is a legal ending to a valid marriage. Whereas an annulment is a legal ending to a marriage that was never valid.
When Can I Get an Annulment in Texas?
There are specific situations in which the courts will grant an annulment in Texas according to Texas Family Code Chapter 6. The annulment will be approved if the judge finds one of the situations listed to be confirmed.
- Under Age – The legal marriage age in Texas is 18. In Texas, you can marry with parental consent at the age of 16 or 17. If one spouse is underage and does not have parental consent, you can seek an annulment.
- Sooner than the Waiting Period – Texas has a mandatory waiting period of 72 hours when the county issues the marriage license and the wedding ceremony. If your marriage happens sooner than 72 hours, you can seek an annulment.
- Concealed Divorce – You can ask for an annulment if your spouse was divorced from their previous marriage for less than 30 days. You must prove that you didn’t know and you must not have not voluntarily lived with them since you found out.
- Under the Influence – If one (or both) spouses were under the influence of drugs or alcohol at the time of marriage, you can be granted an annulment. Both spouses must not have been voluntarily living together since the effects wore off.
- Fraud – You can file for an annulment if one spouse is coerced by fraud, duress, or forced by the other to enter the marriage. But the other spouse must not have voluntarily lived with the first spouse since they realized the deception.
- Mental Illness – You can seek an annulment if a mental illness prevents the consent to the marriage and the spouses have not been voluntarily living together since the illness was known.
How Soon Should I File for an Annulment in Texas?
There is no time limit on when you can file for an annulment for many of the situations listed above. But there are some exceptions:
- If one spouse was underage, the annulment must happen before they turn 18
- In the case of a concealed divorce, the annulment must happen before the 1st anniversary of the new spouses
- If the marriage occurred within the 72-hour waiting period, then you have 30 days from the marriage to seek an annulment
How to Get an Annulment in Texas
The best way to start the annulment process is to speak with an experienced Texas family law attorney. Your attorney will begin by filing a petition for an annulment. Then the other spouse has the opportunity to agree or oppose the annulment. The courts will decide the legalities of child support, custody, and division of property at this time.
Most annulments happen quicker than a divorce since the marriage usually doesn’t last as long and there are fewer issues to decide.
Contact the Family Law Attorneys at C.E. Borman & Associates in Bryan, Texas
Navigating the end of a marriage is never easy. But understanding all your options, like annulment, is crucial for making informed decisions about your future. Remember, annulment isn’t a magic wand for every broken marriage. It’s a legal tool with specific requirements and implications.
By exploring the legal grounds for annulment, the steps involved, and the importance of having skilled legal counsel like C.E. Borman & Associates by your side, you’re taking a proactive step toward moving forward.
If you believe annulment is the right path for you, don’t hesitate to reach out to our dedicated Bryan, Texas family law team. We’re here to provide guidance and support every step of the way.
