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Annulment in Fort Bend

Annulment, unlike divorce, declares a marriage null and void, as if it never happened. In Texas, understanding the legal grounds, the differences between annulment and divorce, and the intricate process is crucial. This guide delves into the legal aspects of annulment, providing a thorough understanding under Texas law.
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Annulment in Fort Bend County, Texas

Expert Fort Bend Lawyers –  (713) 338-2709

Annulment, unlike divorce, declares a marriage null and void, as if it never happened. In Texas, understanding the legal grounds, the differences between annulment and divorce, and the intricate process is crucial. This guide delves into the legal aspects of annulment, providing a thorough understanding under Texas law.

At the Law Office of Bryan Fagan, PLLC, our dedicated Fort Bend legal team has successfully represented numerous clients in divorce and family law matters. If you’re considering an annulment, our skilled attorneys will assess your situation, ascertain your eligibility, and guide you through the legal intricacies.

annulment of marriage means

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.

Qualification Criteria for an Annulment

Annulments aren’t an option for everyone. They are sanctioned for marriages deemed void or voidable. Void marriages are those classified as unlawful 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

Per Texas laws, at least one partner must reside in the state, or the spouses must have wedded in the state, to seek an annulment. Generally, 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, provides individualized attention to each client, understanding that you’re navigating a stressful period. If you wish to explore your annulment options, our Fort Bend attorneys will clarify your queries and assist you in filing the required paperwork. We bring years of experience to the table and are committed to safeguarding your interests throughout the process.

Contact us today to discuss your situation with a member of our team.

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