Annulment

Do You Want To Cancel A Marriage?

In Texas family law, a divorce serves to bring a marriage to a close, legally untangling two lives that have become intertwined. But what about a marriage that was never even real in the first place? When someone is coerced, deceived, or forced into marriage, Texas Law allows for another procedure: an annulment.

Unlike a divorce, an annulment cancels the marriage, undoing it as if it had never happened. However, this option is not always available. This is because the conditions for obtaining one can be stricter and more complicated. Annulments, like divorces, are also more difficult to obtain when there are complications like children or property involved.

In these situations, it is always a good idea to reach out to an attorney – someone who is qualified to help you navigate the process and obtain the cancellation you need.

Who Can Obtain An Annulment In Texas?

Annulments are strictly limited to a set of clearly defined circumstances and situations. Each of the reasons listed below can be a valid reason for annulment, but even the most straightforward has its own set of conditions and restrictions you need to discuss with an experienced attorney.

• Under 18: If at least one spouse was under 18 at the time of the marriage and did not have consent from their parents/guardian or a valid court order, a petition for annulment can be filed within 90 days.
• Under The Influence: If you got married while unable to consent due to the effects of drugs or alcohol, an annulment can sometimes be pursued.
• Impotence: If you or your spouse discovers a permanent impotence that did not begin after the marriage, and you do not wish to be in a marriage that cannot be consummated, you may be able to get an annulment.
• Duress, Force, Fraud: If you were forced, threatened, or deceived into the marriage, you may be eligible for an annulment.
• Mental Incapacity: If at least one spouse is mentally incapable of consenting or understanding the marriage, it can often be annulled.
• Concealed Divorce: If your spouse concealed a recent divorce (less than 30 days before the wedding) and deliberately concealed it from you, you may be able to get an annulment.
• License Timeline: In Texas, unless you are in a specific category (like active duty servicemembers) or get a specific court order to bypass it, you are supposed to wait 72 hours after getting the marriage licence before getting married. If you don’t, you can often file for annulment within 30 days.

To request an annulment in Texas, you must also either have gotten married in Texas or have one or both of you living in Texas when you file.

Where To File Your Annulment Petition In Texas

If you have decided to pursue an annulment, you need to file a petition in:

• The Texas County where you got married.
• The Texas County where the events leading up to the marriage took place.
• The Texas County where your spouse lives when you file.

For example, if you are a parent living in Buda, filing for a minor who got married in Austin after being seduced and tricked into marriage by someone from Houston, you could file in Travis County or Harris County.

While the location of your annulment petition may be one of the easier decisions to make, it is still a complex one, and only the first of many you may need to navigate during the process. An experienced attorney can help you make these decisions, avoid errors or delays, keep to deadlines, and argue for your annulment in front of a judge.

Call The Granger Law Firm To Pursue An Annulment

Even if you meet all the conditions, Texas judges are allowed to refuse an annulment based on what they consider to be “pertinent facts” and factors like pregnancy. Having an experienced attorney on your side from the start can help make sure your annulment proceeds successfully, so that the marriage can be properly cancelled and no one will need to file for divorce.

Based in Buda, Texas, and serving Austin and all its suburbs, the Granger Law Firm, PLLC, has the team of annulment attorneys you need. Flexible and effective, compassionate yet aggressive, we are ready to fight for you, your child, and your rights with clarity, dignity, and compassion.

Call (512) 800-7394 to request a discreet and free consultation to discuss your situation and start the annulment process.