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Annulment in Brazoria County, Texas
Expert Upper Kirby Lawyers – (713) 588-0409
At the Law Office of Bryan Fagan, PLLC, our dedicated legal team in Brazoria County has effectively represented numerous clients in divorce, marital annulment, and other family law matters. If you’re contemplating an annulment, our experienced attorneys will evaluate your situation, determine your eligibility, and navigate you through the legal complexities.
Deciphering the Distinction Between Divorce & Annulment
While divorce formally ends a valid marriage, an annulment asserts that the marriage was never valid in the first place. It essentially nullifies the marriage, treating it as though it never occurred. Unlike divorce, where the court adjudicates issues such as asset and property division, child support, and financial matters, an annulment requires filing a separate petition to address these concerns.
- Annulment Essentials for Texas Residents
- Frequently Asked Questions Regarding Texas Annulment
- How An Annulment is Different Than a Divorce in Texas
Qualification Criteria for an Annulment
Annulments aren’t available to everyone. They are granted for marriages deemed void or voidable. Void marriages are those deemed illegal from the outset, such as marriage between close relatives, marriage to an already-married individual, marriage to a partner under the age of 14 (or 18 without court order or parental consent), marriage within a month of a partner’s previous divorce, and marriage within 72 hours of issuing the marriage license.
In Texas, marriages between closely related individuals are prohibited. Such relationships include:
- Brother and sister (by half-blood, whole-blood, or adoption)
- Aunt and nephew
- Uncle and niece
- Ancestor and descendant
Voidable marriages are considered legal but were entered into under circumstances the partner would not have reasonably agreed to. Instances include marriage under the influence, deception, or coercion. Moreover, if a partner lacked the mental capacity to consent to the marriage or was permanently impotent at the time of marriage, these are also grounds for annulment.
Procedure for Securing an Annulment in Texas
Under Texas laws, at least one partner must reside in the state, or the spouses must have wedded in the state, to pursue an annulment. Typically, an annulment lawsuit can be filed in the county where either spouse resided when the marriage occurred. If children were born or adopted during the marriage, you’ll need to file a Suit Affecting the Parent-Child Relationship (SAPCR) along with the Original Petition to Annul Marriage form. The court will then decide on child visitation, custody, and support.
Experienced Family Law Attorneys in Spring, Texas
At the Law Office of Bryan Fagan, PLLC, we provide personalized attention to each client, recognizing the challenges you may be facing. If you’re considering annulment, our Brazoria County attorneys will address your concerns and assist you in navigating the required paperwork. With years of experience, we are dedicated to safeguarding your interests throughout the process.
Contact us today to discuss your situation with a member of our team.
