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Some marriages begin with doubts, confusion, or missing information. In Texas, state law gives people a way to erase those marriages legally through annulment. This process doesn’t just end the marriage—it treats it like it never existed in the eyes of the law. If you’re wondering how to annul a marriage, it’s not just about filing paperwork. You need to meet specific legal conditions and follow a court-approved process. Timing, intent, and evidence all matter.
What Is an Annulment?
An annulment is a court order declaring a marriage legally invalid. If granted, it means the marriage never had legal standing. This differs from a divorce, which ends a valid marriage.
People often seek annulment due to fraud, coercion, or issues that existed at the time of the wedding. Texas allows annulments only when specific legal grounds apply. You can’t get one just because the marriage didn’t work out or you regret the decision.
Legal Grounds for Annulment in Texas
Texas law lists several reasons a judge may annul a marriage. You must prove one of the following situations existed at the time of the marriage.
Underage Marriage
If one party was under 18 and married without a court order or parental consent, the court may annul the marriage. A parent or legal guardian must file the request. The court won’t grant this type of annulment if the underage spouse turned 18 and voluntarily lived with their partner afterward.
Intoxication
If either party was too intoxicated during the ceremony to understand the decision to marry, the court may grant an annulment. The petitioner must prove they did not voluntarily live with the other person after sobering up.
Impotence
You can seek annulment if one spouse is permanently impotent and the other didn’t know before the wedding. The court won’t approve it if you found out and continued to live with your spouse.
Fraud, Duress, or Force
If one party tricked or pressured the other into marriage, the court may grant an annulment. Examples include marrying someone just for immigration benefits, hiding major information like criminal history, or threatening harm unless they agreed.
Mental Incapacity
You can annul a marriage if one person lacked the mental capacity to consent at the time of marriage. This includes temporary conditions or permanent mental illness. The person seeking annulment must not have lived with the other person once aware of the issue.
Concealed Divorce
If one party divorced someone else within the last 30 days and failed to disclose it, the court may allow annulment. You must file within one year of the wedding and must not have lived with them after finding out.
Marriage Within 72 Hours of License
Texas requires couples to wait 72 hours after getting a marriage license before holding the ceremony. If the marriage occurred before the waiting period ended, you may seek annulment. The request must be filed within 30 days.
Steps to File for Annulment in Texas
Annulments follow a court process like other civil matters. The court treats the request seriously and may require evidence, hearings, and witness testimony. Here’s how to proceed.
Step 1: Meet the Residency Requirement
Either you or your spouse must live in Texas. File in the county where either party lives. If the marriage happened in Texas and neither person resides in the state now, you may need to file elsewhere.
Step 2: Identify the Legal Ground
You must choose a valid reason supported by law. Texas courts won’t grant annulments without proof of one of the approved grounds.
Step 3: Prepare the Petition
You’ll need to fill out and file an Original Petition to Annul Marriage. This legal document asks the court to declare the marriage void. Include:
- Full names of both parties
- Date and location of the marriage
- Legal ground for annulment
- Statement confirming residency
- Details about any children involved
If you have children with your spouse, the case becomes more complex. The court will address custody, support, and visitation as part of the process.
Step 4: File With the Court
Take the completed petition to the county courthouse and pay the filing fee. Fees vary but usually range between $300 and $400. If you can’t afford it, ask for a fee waiver using an affidavit of indigency.
Step 5: Serve Your Spouse
Once you file, the law requires you to notify your spouse. This is called “service of process.” You can hire a process server, use the sheriff’s office, or ask the court for permission to serve them another way if they can’t be found.
The spouse has the right to respond, object, or agree with the request.
Step 6: Attend the Court Hearing
Many annulments require a hearing. You’ll need to present your case before a judge. Bring evidence, witnesses, or documents that support your claim. The judge will listen to both sides and decide whether to grant the annulment.
If the spouse doesn’t show up or doesn’t object, the process may move faster. If they contest the annulment, the court may schedule additional hearings.
Step 7: Receive the Final Decree
If the judge agrees with your request, they’ll sign a Final Decree of Annulment. This legal document ends the marriage and confirms it never had legal standing. You’ll need certified copies for official records.
If the judge denies your petition, you may still file for divorce.
How Long Does It Take?
Simple annulments with no children or property usually take one to three months. Contested cases or those involving child custody may take longer. You must act quickly in some situations—especially when the law sets time limits, like with intoxication or a rushed ceremony.
Can You Annul a Marriage Without Your Spouse?
Yes, you can file for annulment without your spouse’s cooperation. The court can still proceed if the other party is notified and doesn’t appear. If they contest the case, the judge will evaluate both sides before making a decision.
What Happens to Property and Children?
Annulment doesn’t always remove the need to address property and parenting. If the couple acquired assets together, the court may divide them under a legal concept called “putative marriage.” This means the court treats the marriage as valid for the purpose of protecting innocent spouses.
If you have children, the court will include orders for custody, visitation, and child support. These follow the same rules used in divorce cases.
When Should You Consider Divorce Instead?
Annulment works only in limited cases. If none of the grounds apply, you’ll need to file for divorce. Divorce doesn’t require a specific reason in Texas. You can cite insupportability, which means the relationship has broken down beyond repair.
Many people choose divorce if they’ve lived together for a long time, had children, or shared major assets. Divorce may also offer more predictable outcomes, especially with property and support issues.
Final Thoughts
Texas offers annulment only under specific legal circumstances. If you believe your marriage wasn’t valid from the start, act quickly and prepare strong evidence. Filing the right paperwork, following court procedures, and showing up to your hearing make a difference.
FAQ on How to Annul a Marriage in Texas
You typically have up to 30 days after the marriage to file for an annulment in Texas. However, certain grounds for annulment may have different time frames.
A marriage is considered void in Texas if it involves bigamy, incest, or if one party is underage without court approval.
Yes, you can dissolve a marriage in Texas through divorce, which legally ends a valid marriage.
Yes, you can annul an informal (common law) marriage in Texas if you meet the legal grounds for annulment.
The cost of an annulment in Texas varies, typically ranging from $500 to $5,000, depending on attorney fees and court costs.
The most common ground for annulment in Texas is fraud, where one party was deceived about a significant aspect of the marriage.
A marriage is void in Texas if it involves: 1) Bigamy, 2) Incest, or 3) One party is underage without court approval.
Abandonment in Texas is when one spouse voluntarily leaves the other with the intention of ending the marriage and remains away for at least one year.
A marriage is null and void if it violates state laws, such as involving bigamy or incest, or if one party was underage and did not receive court approval.
