Some marriages don’t just end—they’re declared invalid from the start. Texas annulled marriages fall into this unique category. Unlike divorce, which ends a legally valid union, an annulment treats the marriage as if it never legally existed. This distinction isn’t just technical—it affects how courts handle property, parental rights, and your future legal status. If you entered the marriage under pressure, made a rushed decision, or later discovered serious deception, an annulment may be the right legal path for you. Understanding how Texas annulled marriages work can help you make a clean break with fewer long-term complications.

What Is a Marriage Annulment?

An annulment in Texas declares a marriage void or voidable. When granted, the law acts as if the marriage never took place. This option applies to specific situations that question the legal foundation of the marriage itself.

Void vs Voidable

Void marriages were never legal under Texas law. For example, marrying a close relative or marrying while already married to someone else.
Voidable marriages were legal at the time but had issues that can invalidate them later. This includes underage marriages, fraud, or duress.

Void marriages don’t require a court declaration to be invalid, though a formal order still helps. Voidable marriages need a judge’s approval to be annulled.

Reasons the Court Grants an Annulment in Texas

Not every short marriage qualifies. The court only grants annulments for specific legal reasons.

1. Underage Without Parental Consent

Texas law sets the legal age for marriage at 18, or 16 with a judge’s approval. If someone under 18 marries without proper consent, the court may annul the union.

2. Influence of Drugs or Alcohol

If someone was under the influence during the marriage ceremony and lacked the capacity to consent, the court may void the marriage. The key is proving the impairment and showing no voluntary cohabitation after sobering up.

3. Impotence

If one spouse cannot physically have sex and the other did not know before the wedding, annulment becomes an option. The petitioner must prove lack of knowledge and that they did not continue the relationship after learning about the issue.

4. Fraud or Misrepresentation

This includes hiding major facts like already being married, concealing criminal history, or marrying just for immigration benefits. The fraud must directly affect the marriage and cause the other person to agree under false pretenses.

5. Duress or Force

If one person was pressured or threatened into marriage, the court may annul it. These cases often involve family pressure, abuse, or coercion.

6. Mental Incapacity

A person who lacks the mental capacity to understand marriage can’t give valid consent. This includes conditions like dementia, developmental disability, or untreated mental illness at the time of marriage.

7. Concealed Divorce

If someone married again within 30 days of a previous divorce and didn’t tell their new spouse, that’s grounds for annulment in Texas.

8. Marriage Less Than 72 Hours After License

Texas law requires a 72-hour waiting period after getting a marriage license. If the wedding happened sooner and no waiver applied, the marriage may be annulled.

How to File for an Annulment in Texas

Filing follows civil procedure, similar to divorce but often simpler.

Step 1: Confirm You Qualify

You must meet one of the legal grounds for annulment. If unsure, consult an attorney before filing. Filing without a valid reason leads to denial.

Step 2: File a Petition

You or your attorney will submit a Petition to Annul Marriage at your local family court. The petition must explain the grounds for annulment, your relationship to the other party, and what you want the court to order (e.g., property division, name change).

Step 3: Serve the Other Party

You must legally notify your spouse of the petition. If they agree, the case proceeds faster. If they contest it, the case may take longer and require a hearing.

Step 4: Attend a Court Hearing

If your case involves contested facts, you’ll attend a hearing. You’ll need to provide proof of your claim. The judge decides if your evidence meets the legal standard.

Step 5: Final Decree of Annulment

If approved, the judge issues a Final Decree of Annulment. This document officially voids the marriage and ends the legal relationship between the parties.

What Happens to Children in an Annulled Marriage?

Even if the marriage gets annulled, children born during the union are still considered legitimate. Texas courts treat child-related matters the same way they do in divorce cases. That includes:

Custody (called “conservatorship” in Texas)
Visitation (possession and access)
Child support orders
Parental rights and duties

The court prioritizes the child’s best interests, regardless of the marriage’s legal status.

What About Property and Debts?

Annulments do not erase the financial realities that developed during the marriage. Courts may still divide property and debts acquired during the relationship. If your annulled marriage lasted long enough to accumulate joint assets or loans, the court can issue a fair division order.

Texas follows community property rules during divorce, but in annulments, judges often look at fairness instead of automatic 50/50 splits.

Can You Request a Name Change?

Yes. The person filing the annulment can ask the court to restore their previous legal name. You must include this in your petition or bring it up during the hearing.

Do Annulments Show Up on Public Records?

Yes. An annulment is a civil legal action, and like most court cases, it becomes part of the public record. Anyone can access it unless the court seals it for privacy.

How Long Does the Process Take?

The timeline depends on how cooperative both parties are and how crowded the local court docket is. If uncontested, annulments may take just a few weeks. If contested, the case could stretch across months.

Unlike divorce, there’s no formal waiting period after filing for annulment. The 60-day waiting rule for divorce doesn’t apply here.

Common Myths About Texas Annulments

Let’s clear up a few things people often get wrong:

Myth: You Can Annul a Marriage Just Because It Was Short

Texas law does not allow annulments simply because the marriage lasted a short time. You still need one of the valid legal grounds.

Myth: Religious Annulment and Legal Annulment Are the Same

They are not. A religious annulment is granted by a church or faith group and holds no legal weight in court. Only a judge can legally annul a marriage in Texas.

Myth: Annulments Are Easier Than Divorce

They can be quicker if uncontested and if the facts are clear. But proving certain claims, like fraud or coercion, can take more time and effort than filing for divorce.

Who Should Consider an Annulment?

You may want an annulment if:

You found out your spouse hid something major before the wedding
You never lived together or built a life as a married couple
You want a clean legal break without the label of “divorced”
Your marriage was unlawful from the start

Some people also prefer annulment for religious or personal reasons. Others choose it to avoid triggering prenuptial clauses that only apply during divorce.

Final Thoughts

Texas annulled marriages serve a unique legal function—they allow individuals to undo a marriage that was never valid to begin with. However, not every brief or unhappy union qualifies for annulment. If you believe your situation meets the legal criteria, it’s important to act quickly, gather the right documentation, and consult an attorney before moving forward. Texas annulled marriages can significantly impact your legal status, property rights, and even parental responsibilities. Before starting the process, take time to understand the law, explore your options, and clearly define your goals for the outcome.

Frequently Asked Questions

How long do you have to be married to get an annulment in Texas?

In Texas, there is no specific duration of marriage required to get an annulment. An annulment focuses on the circumstances at the time of the marriage rather than its duration.

What is the difference between an annulment and a divorce in Texas?

The key difference is that an annulment declares a marriage null and void, as if it never existed, while a divorce ends a valid marriage. Annulment is based on specific grounds, such as fraud or bigamy, while divorce is based on the irretrievable breakdown of the marriage.

Is annulled a marital status?

No, “annulled” is not a marital status. When a marriage is annulled, it is considered to have never legally existed. Individuals in an annulled marriage are legally viewed as if they were never married.

How much does it cost to annul a marriage in Texas?

The cost of annulment in Texas can vary. It depends on factors such as legal fees, court costs, and the complexity of the case. Legal assistance is highly recommended, so costs may include attorney fees as well.

From Love to Null: Inside Texas Annulled Marriages!