An annulment is different from a divorce.
A divorce ends a valid marriage. An annulment is available only when the marriage meets one of the specific grounds listed in Texas law. The first question in an annulment case is whether the facts meet a legal ground for annulment, not how long the marriage lasted.
Filing an Annulment in Brazoria County
Texas courts may hear an annulment case if the marriage took place in Texas or either spouse is domiciled in Texas. This is different from divorce, which generally requires one spouse to have lived in Texas for six months and in the filing county for 90 days.
Texas also does not impose the normal 60-day divorce waiting period on an annulment. A court may grant an annulment without that waiting period, although normal court procedures, notice, service, and hearing requirements still apply.
Void and Voidable Marriages Are Different
Texas law separates invalid marriages into two broad groups. These are void marriages and voidable marriages.
A void marriage is legally invalid because the marriage itself violates Texas law. Examples include certain marriages between close relatives, a marriage entered into while one spouse is already married to someone else, certain marriages involving a person younger than 18, and marriages between a current or former stepparent and stepchild.
A voidable marriage is different. It remains legally recognized unless a court grants an annulment. The circumstances that may make a marriage voidable include fraud, duress, force, mental incapacity, intoxication, impotency, a concealed recent divorce, and certain violations involving age or the marriage-license waiting period.
Grounds for Annulment in Texas
Texas does not grant annulments just because a marriage was brief or quickly became unhappy. A petitioner must prove one of the recognized legal grounds.
Alcohol or Drugs
A marriage may be annulled if the petitioner was under the influence of alcohol or narcotics during the ceremony and could not consent to the marriage as a result. The petitioner must also show that they did not voluntarily live with the other spouse after the effects of the alcohol or drugs ended.
Permanent Impotency
An annulment may be available if either spouse was permanently impotent for a physical or mental reason when the marriage took place. The petitioner must not have known about the condition before the marriage and cannot have voluntarily cohabited with the spouse after discovering it.
Fraud, Duress, or Force
Fraud, threats, pressure, or force may support an annulment when they caused a person to enter the marriage. The fraud must relate to the decision to marry. The petitioner also cannot voluntarily cohabit with the spouse after learning of the fraud or being released from the duress or force.
Mental Incapacity
A marriage may be annulled when a person could not legally consent to marriage or understand the ceremony because of a mental disease or defect. Texas law also allows a claim when the other spouse lacked mental capacity and the petitioner did not know, and reasonably should not have known, about the problem before marrying.
Concealing a Recent Divorce
Texas generally prevents a person from marrying someone new within 30 days of a divorce. An annulment may be available if one spouse divorced another person during those 30 days and the new spouse did not know, and reasonably would not have known, about the divorce.
Marriage Within 72 Hours of Getting a License
Texas normally requires couples to wait at least 72 hours after receiving a marriage license before the ceremony, although several exceptions allow the waiting period to be waived. If the marriage took place in violation of the 72-hour rule, either spouse may seek an annulment.
Special Rules for Underage Marriages
Texas generally requires a person to be at least 18 to marry unless a court has removed the disabilities of minority. Texas law also contains annulment provisions involving certain marriages entered into by people who were 16 or 17 without the required parental consent or court order.
The deadlines depend on who brings the case. A suit filed by a next friend under this provision must be filed within 90 days after the marriage. A parent, guardian, or managing conservator cannot file under that section after the person turns 18.
Voluntary Cohabitation Can Block an Annulment
One of the most important issues in a Texas annulment is what happened after discovering the problem. Several annulment grounds require the petitioner to prove that they did not voluntarily cohabit with the spouse after learning of the fraud, impotency, mental incapacity, concealed divorce, or other problem.
Continuing to live together as spouses may destroy the right to rely on a particular annulment ground. That makes the timeline of what happened before and after the discovery important evidence.
Texas Annulment Deadlines
Texas does not have one deadline for every annulment case. Some grounds have their own limits:
- Violation of the 72-hour license rule: The case must be filed within 30 days after the marriage.
- Concealed recent divorce: The case must be filed before the first anniversary of the marriage.
- Certain underage marriages: You generally must file for an annulment within 90 days after the marriage.
- Death of a spouse: A voidable marriage generally cannot first be challenged through an annulment case after either spouse dies.
Other grounds do not have the same fixed deadline, but voluntary cohabitation after discovering the problem can still prevent an annulment.
What Happens to Property and Children?
An annulment does not prevent a Texas court from dealing with property.
Under the Texas Family Code, a court granting a divorce or annulment must divide the parties’ estate in a way the court considers fair. When the spouses have children, the case may need to address conservatorship, possession and access, child support, medical support, and other issues involving the parent-child relationship.
Because an annulment requires proof of a specific ground and some claims have short deadlines, anyone considering one should quickly determine whether annulment, divorce, or a suit to declare the marriage void fits their situation. Our team at Terry & Roberts can review your circumstances and explain the available options.