Annulment Harris County

Annulment in Texas

Experienced Harris County Attorneys – (281) 810-9760

At the Law Office of Bryan Fagan, PLLC, our compassionate Harris County lawyers have assisted numerous clients with divorce and family law matters. For those seeking an annulment, our team will evaluate your case, confirm if you’re eligible, and guide you through the annulment process.

Distinguishing Between Divorce & Annulment

While a divorce legally ends a valid marriage, an annulment declares that the marriage was never valid. It essentially voids the marriage and treats it like it never existed. In a divorce, issues such as the division of assets and property, child support, and other financial aspects are decided by the court. While a divorce legally dissolves a valid marriage, an annulment states that the marriage was never legitimate, effectively erasing its existence. In divorce, the court decides on asset division, child support, and financial issues. In an annulment, however, you need a separate petition to address these matters.

Eligibility for an Annulment

Not everyone qualifies for annulment. It applies to marriages that are considered void. Void marriages are inherently illegal, such as marriages between close family members, those involving a married individual, or marriages to someone underage without consent or a court order. Also, marriages within 30 days of a spouse’s divorce or within 72 hours of obtaining a marriage license are void.

Under Texas law, prohibited relationships include:

  • Brother and sister (by half blood, whole blood, or adoption)
  • Aunt and nephew
  • Uncle and niece
  • Ancestor and descendant

Voidable marriages are initially legal but are established under questionable conditions, like intoxication, deceit, or force. Additionally, mental incapacity or permanent impotence at the marriage time are grounds for annulment.

Process of Getting an Annulment in Texas

In Texas, annulment requires at least one spouse to be a Texas resident or the marriage to have occurred in Texas. The lawsuit is typically filed in the county where one spouse lived at the marriage time. If children are involved, a Suit Affecting the Parent-Child Relationship (SAPCR) must be filed alongside the annulment petition. The court then decides on child visitation, custody, and support.

Expert Family Law Attorneys in Harris County, Texas

The Law Office of Bryan Fagan, PLLC provides personalized care to each client. Understanding the stress of annulment, our Harris County lawyers are ready to answer questions and assist in filing necessary documents. With extensive experience, we strive to safeguard your interests.

To discuss your annulment case, contact us today by filling out the form below!

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