Understanding Annulment in Texas: A Guide to Your Legal Options

When a marriage is deemed void or invalid, annulment is the legal process by which it is officially terminated. Unlike divorce, which ends a valid marriage, annulment treats the marriage as if it never happened. As such, annulment can be a desirable option for couples who wish to avoid the social and religious stigma associated with divorce.

If you are considering annulment in Texas, it is essential to understand the legal requirements and procedures involved. In this guide, we will provide you with a comprehensive overview of the annulment process, including the grounds for annulment, the eligibility criteria, and the necessary steps to file for annulment in Texas.

Key Differences between Annulment and Divorce

Annulment and divorce are two legal processes by which a marriage can be terminated. While both may result at the end of a marriage, they are fundamentally different in several key ways.

Legal Effect:

The legal effect of an annulment is that the marriage is treated as if it never existed, while divorce ends a valid marriage. This means that annulment erases the legal existence of the marriage, while divorce dissolves the legal union between the parties.

Timeframe:

The timeframe for an annulment is typically shorter than a divorce’s. This is because the process of annulment can only be pursued within a specific time period after the marriage was entered into, whereas divorce can be sought at any time after the parties have been married.

Residency Requirements:

The residency requirements for annulment and divorce are different. To file for annulment, at least one of the parties must be a resident of Texas, while divorce requires that at least one of the parties has been a resident of Texas for at least six months before filing.

Division of Property:

In a divorce, the court must divide the property and assets acquired during the marriage in a manner that is fair and equitable to both parties, whereas, in an annulment, the court may not have to divide the property at all. This is because annulment treats the marriage as if it never existed, so the parties may be considered to have never acquired any marital property or assets.

Stigma:

Annulment may be perceived as having less of a social stigma than divorce because it implies that the marriage was never valid, to begin with. In contrast, divorce may have a negative connotation because it means that the parties could not maintain a successful marriage.

5 Common Grounds for Annulment in Texas?

To get an annulment, you are asking the court to declare your marriage was never valid. In Texas there are very specific grounds for annulment that will need to be proven in court to be eligible. The court can declare a marriage void based on the following grounds:

Fraud, duress, or coercion: If one party entered into the marriage as a result of fraud, duress, or coercion, the marriage may be annulled. This includes situations where one party concealed important information, such as a previous marriage, criminal history, or sexually transmitted disease, or where one party threatened or coerced the other into the marriage. This ground for annulment is defined under Texas Family Code Section 6.102.

Example: If John marries Jane because she lied about being pregnant with his child, John could seek an annulment based on the ground of fraud under Texas Family Code Section 6.102(4).

Underage marriage: If one or both parties were under 18 years of age at the time of the marriage, and did not obtain parental consent, the marriage may be annulled. This ground for annulment is defined under Texas Family Code Section 6.101.

Example: If John and Jane got married in Texas when they were both 16 years old without parental consent, their marriage could be annulled based on the ground of underage marriage under Texas Family Code Section 6.101(a)(1).

Impotence or incapacity: If one party is impotent or mentally incapacitated and unable to consummate the marriage, the other party may seek an annulment. This ground for annulment is defined under Texas Family Code Section 6.107.

Example: If John is unable to engage in sexual intercourse due to a medical condition, and this was not disclosed to Jane before their marriage, Jane could seek an annulment based on the ground of impotence under Texas Family Code Section 6.107(a)(5).

Consanguinity or incest: If the parties are closely related by blood, such as siblings or first cousins, the marriage may be annulled. This ground for annulment is defined under Texas Family Code Section 6.202.

Example: If John and Jane are first cousins who got married in Texas, their marriage could be annulled based on the ground of consanguinity or incest under Texas Family Code Section 6.202(a)(1).

Bigamy: If one party was already married to another person at the time of the marriage, the subsequent marriage may be annulled. This ground for annulment is defined under Texas Family Code Section 6.107.

Example: If John marries Jane while he is still married to his previous spouse, Jane could seek an annulment based on the ground of bigamy under Texas Family Code Section 6.107(a)(1).

Kindly note that the grounds for annulment in Texas are limited and specific. Additionally, the eligibility criteria for annulment must also be met, such as filing the annulment petition within the prescribed time limits and providing sufficient evidence to support the grounds for annulment.

Eligibility Criteria for Annulment

To be eligible for annulment in Texas, the petitioner must meet certain criteria, including:

The petitioner must be a party to the marriage and must file the annulment petition within the prescribed time limits. The time limits vary depending on the grounds for annulment.
The petitioner must provide sufficient evidence to support the grounds for annulment. This may include witness testimony, medical records, or other documentary evidence.
The petitioner must not have voluntarily cohabited with the other party after discovering the grounds for annulment.

Process for Filing for an Annulment ?

In Texas, an annulment is a legal procedure that cancels a marriage and treats it as if it never happened. To obtain an annulment, the filing spouse, the petitioner, must show that the marriage is invalid based on certain grounds.

Step 1 – File a petition for annulment with the district court in the county where either spouse resides. The petitioner must state the grounds for the annulment in the petition and provide information about the marriage, such as the date and location of the wedding, the names, and addresses of both spouses, and any children born during the marriage.

Step 2 – The petitioner must serve a copy of it on the other spouse, the respondent, and provide proof of service to the court. The respondent has a certain amount of time to file a response to the petition and may also file a counter-petition for annulment or divorce.

Step 3 – If the respondent does not contest the annulment, the court may grant the annulment without a hearing. However, if the respondent contests the annulment, a trial may be necessary to determine whether the grounds for annulment are met. The petitioner and respondent may present evidence and call witnesses to support their positions.

If the court grants the annulment, it will issue a decree of annulment that declares the marriage void from its inception. The decree may also address property division, spousal support, and child custody and support, if applicable.

It is important to note that the annulment process can be complex and may require the assistance of an experienced family law attorney. An attorney can help the petitioner navigate the legal process, gather evidence to support their case and protect their rights throughout the proceedings.

Forms for an Agreed Annulment of Marriage without Child(Free Download)

Form FM-Ann-100 – Original Petition for Annulment:

This is the initial legal document that starts the annulment process. It must be filed with the court and served to the other party. The petition typically includes information about the parties, the grounds for annulment, and the relief requested.

Form PR-Gen-116 – Civil Case Information Sheet:

This form provides basic information about the parties and the case, such as the case number, court location, and contact information for the parties or their attorneys.

Form VS-165 – Information on Suit Affecting the Family Relationship:

The Information on Suit Affecting the Family Relationship form, also known as the “Familiy Law Case Information Sheet,” is a document that provides basic information about a family law case. This form is required in Texas for all family law cases, including divorce, annulment, child custody, child support, and other related matters.

Form CB-CFFW-100 – Court Fees and Fee Waivers:

The Court Fees and Fee Waivers form, also known as the Affidavit of Inability to Pay Costs or Give Security, is a legal document that allows a party to request a waiver of court fees due to financial hardship. In Texas, court fees can be expensive, and some parties may not be able to afford them. The purpose of this form is to ensure that all parties have access to the courts, regardless of their ability to pay.

Form FDC-AVM-103 – Waiver of Service:

If the other party agrees to waive their right to be served with the petition and citation, they may sign a waiver of service form. This form must be filed with the court.

Form FDC-Ann-102 – Respondent’s Answer:

If the other party does not agree to the annulment, they may file an answer to respond to the allegations in the petition. The answer must be filed with the court and served to the petitioner.

FDC-AVM-104 – Final Decree of Annulment:

If the court grants the annulment, a final decree of annulment will be issued. This document officially ends the marriage and may address issues such as property division, spousal support, and child custody.

Forms for a Default Annulment of Marriage without Children(Free Download)

Default annulment of marriage without children is a legal process in which one party seeks to obtain an annulment of the marriage without the other party’s participation. In Texas, default annulment can only be granted if the other party has been properly served with the annulment petition but fails to file a response or appear in court.

To initiate the default annulment process, the party seeking the annulment must file an original petition for annulment and have it served to the other party according to Texas law. If the other party fails to respond or appear in court within the required time frame, the party seeking the annulment may file a motion for default judgment.

If the court grants the motion for default judgment, a final annulment decree will be issued, effectively ending the marriage. It is important to note that in a default annulment, the court may only grant the relief requested in the original petition. The other party may have the right to challenge the default judgment in certain circumstances.

It is highly recommended to consult with an experienced family law attorney if you are considering default annulment, as the process can be complex, and the rules and requirements vary depending on the case’s specific circumstances.

Form FM-Ann-100 – Original Petition for Annulment:

Form PR-Gen-116 – Civil Case Information Sheet:

This form provides basic information about the parties and the case, such as the case number, court location, and contact information for the parties or their attorneys.

Form VS-165 – Information on Suit Affecting the Family Relationship:

Form CB-CFFW-100 – Court Fees and Fee Waivers:

Form FDC-AVM-104 – Final Decree of Annulment:

Form PR-DJ-110 – Certificate of Last Known Mailing Address:

This legal document is used in Texas to notify a party that legal action is being taken against them. The form is typically used in cases where the other party’s current address is unknown or cannot be located and provides a way for the party to initiate legal action to satisfy the requirement of giving notice to the other party.

The purpose of the Certificate of Last Known Mailing Address form is to provide proof to the court that the party initiating the legal action has made a good faith effort to notify the other party of the legal proceedings. The form requires the party initiating the legal action to provide information about the other party’s last known address and the steps taken to locate the other party.

Form PR-DJ-112 – Military Status Declaration

Military Status Declaration is a legal document used to provide information about a party’s military service status in a legal proceeding. This document is often required in Texas family law cases such as divorce, child custody, or child support, where one or both parties may be serving in the military.

The Military Status Declaration form requires the party to provide specific information about their military service, such as their branch of service, rank, and deployment status. The form also requires the party to indicate whether they are currently on active duty, in the reserves, or retired from military service.

The purpose of the Military Status Declaration is to inform the court and the other parties involved in the legal proceeding about the military status of the party. This is important because members of the military are entitled to certain legal protections under the Servicemembers Civil Relief Act (SCRA). For example, active duty service members may be able to delay or suspend legal proceedings while they are on active duty.

By completing the Military Status Declaration form, the party in the military is able to provide notice to the court and the other parties of their military status and the protections they are entitled to under the law.

Some Commonly Asked Questions

How long do I have to file for an annulment?

In Texas, the deadline for filing for an annulment depends on the specific grounds for the annulment. The state has several specific grounds for obtaining an annulment, and each ground has a different deadline for filing.

The deadlines for filing for an annulment in Texas are as follows:

Underage spouse: the deadline for filing for an annulment is within 90 days after the marriage date.
Fraud or misrepresentation: the deadline for filing for an annulment is within four years after the marriage date.
Mental incapacity: the deadline for filing for an annulment is within four years after the marriage date.
Bigamy: the deadline for filing an annulment is within the time the prior marriage still exists.
Incest: the deadline for filing an annulment is within the time law permits to bring an action to declare the marriage void.

Deadlines for filing an annulment in Texas are strict, and missing the deadline may result in the court denying the request.

Can I file for an annulment in Texas if I was married in another state or country?

Yes, you may file for an annulment in Texas even if you were married in another state or country. However, Texas courts will only have jurisdiction over your annulment case if you or your spouse currently reside in Texas or if you meet certain residency requirements.

To file for an annulment, at least one of the spouses must be a resident of Texas for at least six months before filing the petition for annulment. This residency requirement must be met before the court can hear your annulment case.

Do I need to hire an attorney to file for an annulment ?

If your spouse does not contest the annulment and you feel comfortable navigating the legal process, you may be able to file for an annulment in Texas without hiring an attorney.

What is the cost of filing for an annulment ?

The cost of filing for an annulment in Texas varies depending on several factors, such as the county where the case is filed and whether you hire an attorney to assist you with the process.

The filing fee for an annulment in Texas ranges from around $200 to $400, depending on the county. However, additional fees may also apply, such as fees for serving the petition on your spouse, obtaining copies of court documents, and attending hearings.

You will incur additional costs if you hire an attorney to assist you with the annulment process. Attorney fees vary depending on the attorney’s experience, reputation, and case complexity. Some attorneys charge by the hour, while others may charge a flat fee.

In addition to the cost of filing for an annulment, additional fees may be associated with resolving other issues, such as property division, spousal support, and child custody and support. These issues can be particularly complicated in an annulment case, and you may need to hire an attorney or other professionals, such as appraisers or accountants, to assist you.

Overall, the cost of filing for an annulment in Texas can vary widely depending on the circumstances of your case.

What happens if my spouse contests the annulment ?

If your spouse contests the annulment in Texas, they are disputing the grounds for the annulment and disagree that the marriage should be declared void. When this happens, the annulment process can become more complex, and a trial may be necessary to resolve the dispute.

Here’s what you can expect if your spouse contests :

Filing of response: If your spouse contests the annulment, they will need to file a response to your petition for annulment within a certain amount of time, typically 20 to 30 days, depending on the county.
Discovery process: Once both parties have filed their initial pleadings, the discovery process begins. This is a time for both parties to gather evidence and information to support their case. This may include depositions, requests for documents, and other forms of evidence gathering.
Pre-trial hearing: Before the trial, the court may hold a pre-trial hearing to discuss the issues in the case and determine if any legal issues need to be resolved before the trial.
Trial: If the case proceeds to trial, both parties will have the opportunity to present evidence, call witnesses, and argue their case before the judge. The judge will then decide whether the grounds for annulment are met.
Judgment: After the trial, the judge will issue a judgment. If the judge determines that the grounds for annulment are met, they will issue a decree of annulment. If the judge determines that the grounds for annulment are not met, the marriage will remain valid.

It is important to have an experienced family law attorney on your side. An attorney can help you gather evidence, present your case effectively, and protect your rights. An attorney can also advise you on the potential outcomes of the trial and help you understand your legal options.

How long does it take to get an annulment ?

The time it takes to get an annulment varies depending on several factors, such as the case’s complexity, whether the other party contests the annulment and the court’s docket.

In general, an uncontested annulment can take anywhere from 30 to 90 days to complete. This assumes that both parties agree to the annulment and that the process has no complications or delays.

If the other party contests the annulment, the process can take longer. A contested annulment can take several months to a year or more to complete, depending on the complexity of the case and the court’s docket.

Some factors that can affect the timeline for an annulment in Texas include:

Whether the grounds for annulment are straightforward or require additional evidence gathering
Whether the other party agrees to the annulment or contests the petition
Whether the case involves complicated issues such as property division, spousal support, or child custody and support
The availability of the court and the judge’s schedule