In Texas, some marriages may be eligible for annulment instead of divorce. An annulment treats the marriage as if it never legally happened, removing the need to divide community property. If you believe your marriage may qualify, True Law Firm can help you understand your rights and determine the best path forward with clarity and trusted legal guidance.
What Constitutes an Annulment?
An annulment is a legal procedure that declares a marriage null and void, as if it never legally existed. Unlike divorce, which ends a valid marriage, an annulment is based on specific grounds that question the legitimacy of the marriage from the beginning. These may include underage marriage without consent, intoxication at the time of the ceremony, fraud, duress, mental incapacity, impotence, or a violation of Texas marriage laws. To pursue an annulment, strict eligibility criteria and filing deadlines must be met under Texas law. Our family law lawyers in San Antonio can help guide you through this process to ensure all legal obligations are met.
Possible Grounds for Annulments
Texas law recognizes several specific situations where a marriage may be annulled rather than dissolved through divorce. Below are the most common grounds for annulment, each requiring particular conditions and timelines to qualify.
Underage Marriage
A person under the age of 14 cannot legally consent to marriage in Texas. If a marriage involves someone younger than 14, it may be annulled, provided the request is filed within 90 days of the wedding or the child’s 14th birthday. Additionally, if a person between 14 and 17 marries without parental consent, the marriage can be annulled before they turn 18. After turning 18, a marriage is legally validated, unless it is ended by divorce.
Intoxication at the Time of Marriage
If one or both spouses were under the influence of alcohol or drugs during the wedding ceremony, the marriage may be annulled. The party seeking annulment must act quickly and must not have voluntarily lived with the other spouse after the ceremony. Continued cohabitation can legally validate the marriage, making annulment no longer an option.
Marriage by Fraud, Duress, or Force
If someone entered a marriage due to threats, coercion, or deceit, they may be able to annul it. Fraud could involve lying about key facts that would have prevented the marriage, while duress includes pressure or threats. The petitioner must stop living with the other party once they are no longer under duress or have discovered the fraud.
Impotence
A marriage can be annulled if one spouse is permanently and incurably impotent, and the other party did not know of the condition before the marriage. To qualify, the petitioner must also not have lived with the spouse after learning of the impotency. Proof of both the impotence and the lack of prior knowledge is necessary.
Mental Incapacity
A marriage may be annulled if one spouse lacked the mental capacity to understand the nature of the ceremony. This might apply in cases involving mental illness, intellectual disability, or temporary incapacity. As with other grounds, the party seeking annulment must not continue to live with the other spouse after regaining mental clarity.
Violation of the 72-hour Waiting Period
Texas law requires couples to wait 72 hours after obtaining a marriage license before holding a ceremony. If the marriage occurs within this window, it may be annulled. This is especially true when the ceremony was rushed or occurred under unusual circumstances, and no valid exemption to the waiting period applies.
Marriage Too Soon After Divorce
If one spouse was divorced less than 30 days before the marriage and failed to disclose that fact, the other spouse may qualify for an annulment. To pursue this option, the petitioner must prove they were unaware of the recent divorce and must not have continued living with the spouse after learning of it. The request must be filed within one year of the marriage. Our expert divorce lawyers in San Antonio can help navigate any questions regarding your qualification for annulment.
Marriage During an Existing Marriage
If one spouse was still legally married to another person at the time of the new marriage, the subsequent marriage is void in Texas. However, if the prior marriage ends and the couple continues to live together and hold themselves out as married, the new marriage may become legally recognized. If not, the newer marriage may be annulled.
Annulments FAQs
How long do I have to file for an annulment in Texas?
The time limit to file for an annulment depends on the ground being used. For example, if the annulment is based on intoxication or being underage, you typically must file within 90 days of the marriage or of discovering the issue. Other grounds, such as fraud or duress, should be acted on as soon as possible to preserve your rights.
Can I receive spousal support after an annulment?
Spousal maintenance (alimony) is typically not awarded after an annulment because the marriage is treated as if it never existed. However, you may still be entitled to certain financial remedies under a different legal claim, such as fraud, if applicable.
Do I need a lawyer for an annulment?
While not required, it’s recommended to consult with a Texas family law attorney. Annulments involve strict legal standards, deadlines, and procedural requirements. An experienced attorney can help determine if you qualify and guide you through the process.
Contact True Law Firm
True Law Firm is a Texas-based practice committed to justice and personalized legal support. With low client numbers by choice, our attorneys provide one-on-one attention and keep you informed every step of the way. Whether you’re seeking an annulment or exploring your options, we’re here to advocate for the best possible outcome. Schedule a consultation today to discuss your situation and find out how we can help you move forward.
